logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.09.17 2018가단226090
손해배상(자)
Text

1. The Defendant’s KRW 42,951,350, Plaintiff B, and C respectively, and each of them from July 9, 2016.

Reasons

1. Basic facts

A. On July 9, 2016, around 11:50 on July 9, 2016, Plaintiff A laid a bicycle from the front distance of the F, Seo-gu Incheon, Seo-gu, Incheon, to cut the crosswalk and cut off the crosswalk, and exceeded by the shocked G freight (hereinafter “Defendant”) on the right wheel, and there was an accident that the left wheel the steering wheel.

B. Plaintiff A received hospitalized treatment and outpatient treatment at H hospitals, etc. from July 9, 2016 to July 14, 2016 due to the instant accident, suffering from the damage of the dives and power lines, heat, etc. on the side of the bridge following the instant accident. From October 14, 2016 to February 14, 2019, Plaintiff A received a mental health doctor’s surgery at H Hospital from October 14, 2016 to the date of the instant accident.

C. The Plaintiff B is the father of the Plaintiff A and the mother of the Plaintiff A, and the Defendant is the mutual aid business operator who entered into an automobile mutual aid agreement with respect to the Defendant vehicle.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 through 10, images of Eul evidence 7, entry of Eul evidence 8, purport of whole pleadings]

2. The driver of the Defendant’s vehicle who is liable to compensate for damages caused the instant accident to be negligent in finding the Plaintiff A, even though he was negligent in paying more attention, when the Defendant’s driver was at the intersection where the crosswalk is located, by checking whether there is a pedestrian who walked the crosswalk.

Therefore, the defendant who is a mutual aid business operator is obliged to compensate the plaintiffs for damages caused by the accident of this case.

However, when the plaintiff A enters a crosswalk or has a duty of care to prevent an accident by crossing the crosswalk while taking into account the left and right of the road, and due care, the plaintiff A neglected to enter the crosswalk and immediately entered the crosswalk. In addition, when using a yellow sidewalk, the plaintiff A's liability is limited to 90% of the defendant's liability by taking into account the above, since the plaintiff A et al., al., she should get off the bicycle and walk the bicycle while walking the bicycle.

3. Liability for damages.

arrow