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(영문) 서울중앙지방법원 2016.06.24 2015나56184
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders additional payment, shall be revoked.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part written by the court of first instance ① The part on the "Restriction on Liability" in Section 3 of the court of first instance shall be written as follows.

In light of the above circumstances, the Deceased’s negligence in walking the crosswalk even after the green light of the pedestrian signal, etc. begins with on-and-off, and even after the pedestrian signal, etc. was changed to a red light, the Defendants’ liability should be limited in consideration of such circumstances. In the case of the instant accident, the road is about five-lanes, and the accident occurred in the crosswalk where the remaining time signal display equipment is installed, so there is a lot of negligence on the Deceased. However, even though Defendant D did not secure the view due to the bus parked in the front section, Defendant D attempted to pass the said crosswalk while driving the central line, thereby realizing the risk of the accident caused by the Deceased’s negligence. Defendant D, as a bus driver, should have predicted that the pedestrian might not walk the crosswalk immediately after the change of the pedestrian signal, and should have predicted the safe driving, etc. to be limited to 10% of the deceased’s negligence, and Defendant D’s negligence should be limited to 20% of the deceased’s compensation for damages.

③ Part V of the judgment of the first instance court provides that “344,317,433 won” shall be 345,93,011 won.

(4) Sections 5, 16, 18, and 6, 18, of the judgment of the first instance shall be applied as follows:

1) Restrictions on Liability: 298,454,192 Won = 373.3.

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