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(영문) 대법원 1976. 11. 9. 선고 76다1888 판결
[손해배상등][집24(3)민,304;공1976.12.15.(550),9497]
Main Issues

Liability of fault of a person who fails to pass on the left-hand side on a road without distinction between a roadway and India;

Summary of Judgment

A person walking on a road without a distinction between a roadway and a delivery shall exercise the duty of care necessary to prevent a collision with a vehicle while driving on the left-hand side, and shall not be exempted from his/her liability for negligence if he/she is involved in a vehicle accident due to a failure to perform his/her duty of care, such

Plaintiff-Appellee

Plaintiff 1 and six others, Counsel for the defendant-appellee-appellant

Defendant-Appellant

Korea

original decision

Seoul High Court Decision 76Na597 delivered on June 1, 1976

Text

The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.

Reasons

The grounds of appeal by the defendant shall be examined.

However, since the accident site of this case is a road without distinction between the roadway and India, the plaintiff 1, a pedestrian, must exercise the duty of care necessary to prevent collision with the accident vehicle while passing on the left side. However, the above plaintiff 1, a pedestrian, recognized that the accident was caused by failing to fulfill the duty of care such as the original flag, etc., by passing on the right side, and even if considering the above plaintiff's negligence, we agree with the records comparing the records that the defendant calculated the amount of the property damage that the defendant should compensate for to the above plaintiff due to the accident as the original flag, and it does not seem that there was a misunderstanding of the legal principles of offsetting negligence by considering it excessively in light of the degree of negligence of the plaintiff

Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Il-young (Presiding Justice)

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