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(영문) 서울동부지방법원 2018.12.12 2018나24433
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On April 18, 2012, at around 02:38, the Defendant driven C Freight (hereinafter “Defendant Vehicle”) and proceeded on a road located on the left side of the village market near Songpa-gu Seoul Metropolitan Government D with a view to a remote-distance outflow from the shot intersection to the view of a remote-distance outflow, and, while making a right-hand at the entrance of the village market, the Defendant shocked the Plaintiff’s driver’s wheels crossinging the crosswalk without any signal at the entrance of the village market.

(hereinafter “instant accident”). (b)

The Plaintiff was hospitalized in E Hospital for 25 days from April 18, 2012 to May 12, 2012 and received surgery for the treatment of the said garrising, after being hospitalized in E Hospital for about 14 weeks of 14 weeks of the instant accident.

C. The Plaintiff was hospitalized in the E Hospital for 13 days from May 9, 2013 to May 21, 2013 in order to remove straws used for the treatment of frat frat frat frat frat frat frat frats.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 9, 11, 12 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 to 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, it shall be deemed that the accident of this case occurred by negligence of the plaintiff who violated the duty of front-time care required for driving in the vicinity of the crosswalk, and therefore, the defendant is liable to compensate the plaintiff for the part corresponding to the ratio of the defendant's liability among the damages

B. The defendant's defense, etc. is a defense that the plaintiff's claim for damages has expired by prescription. Thus, the claim for damages caused by tort is extinguished by prescription if the victim or his/her legal representative fails to exercise it for three years from the date on which the victim or the perpetrator becomes aware of the damage or the perpetrator. Here, "the date on which the victim or his/her legal representative becomes aware of the damage" means the victim or his/her legal representative

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