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1. The Defendant’s KRW 101,260,366 as well as 5% per annum from July 16, 2015 to December 14, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 16, 2015, at around 02:50, Category B driven a C si (hereinafter “C si”) and proceeding along the two-lanes of the 4rd line road in front of the Busan East-gu, Busan-do, from the area of the permanent intersection to the area of the 4rd line road, from the area of the permanent intersection to the area of the 4rd line, the Plaintiff, who opened the signal light crosswalk to the right-hand side from the right-hand side of the road (hereinafter “instant accident”); and accordingly, the Plaintiff suffered an injury, such as the upper-hand upper-hand upper-water cutting down on the left-hand side.
B. The accident place was a pedestrian signal at the crosswalk where a signal, etc. was first entered the crosswalk, which is the place where the accident occurred, but there was a pedestrian signal, but there was an accident after about five seconds have passed since the signal was changed to a red signal during the crossing.
C. The defendant is a mutual aid business operator of a sea-going vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1 and images (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the above fact of recognition of liability, the accident in this case is deemed to have occurred due to negligence in driving a sea-going vehicle while performing the duty of pre-fescence, so the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident in this case as a mutual aid business operator of a sea-going vehicle.
B. Limit of liability, however, since the Plaintiff, while the pedestrian signal, etc. was changed to the red light even when the Plaintiff was a walker, it was erroneous for the Plaintiff to governance, such circumstance and accident time is late night, and the driver of the instant vehicle seems to proceed as it is in accordance with the new code without taking measures such as reducing the speed in the situation where the driving signal of the vehicle, such as the front line signal, is changed to green from red to green, and the three-lane driving vehicles and four-lane driving vehicles in the front direction of the running of the instant vehicle are found and stopped.