(영문) 서울중앙지방법원 2019.07.25 2018가단17400

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(영문) 서울중앙지방법원 2019.07.25 2018가단17400

손해배상(자)

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1. The Defendant: (a) KRW 262,819,239; (b) KRW 5,00,000; and (c) KRW 2,00,000 for the Plaintiff C and D; and (c) each of them.

Reasons

1. Occurrence of liability for damages;

A. 1) F is a G bus around 22:30 on May 14, 2015 (hereinafter “Defendant vehicle”).

) A driver had two-lanes of the two-lanes in front of the I Bank located in H in Eunpyeong-gu Seoul Metropolitan Government from the J market slope to the J market slope, and the Plaintiff A, who was a pedestrian red signal on the left-hand side, was shocked into the front part of the Defendant’s vehicle and was in excess of the floor (hereinafter “instant accident”).

(2) Due to the instant accident, Plaintiff A suffered bodily injury, such as ambacy, ambathosis, ambathosis, cerebral ambathy, ambathy, ambathy, ambathy, ambathy, ambathy, and ambathy loss.

3) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant vehicle. 4) The Plaintiff B is the spouse of the Plaintiff, and the Plaintiff C and D are the children of the Plaintiff C and D.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 5, 10, 15, Eul’s 1 and 2(including paper numbers), the purport of the entire pleadings and arguments

B. According to the above recognition of liability, the Defendant is liable to compensate the Plaintiff A for damages caused by the instant accident as the mutual aid business operator of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff sustained injury due to the operation of the Defendant’s vehicle.

C. Limit of liability, however, the plaintiff Gap should have complied with the pedestrian signal, but there was an error crossing the pedestrian red signal in violation of it, and the plaintiff's error contributed to the occurrence of the accident of this case and the expansion of damages. Thus, in calculating the amount of damages to be compensated by the defendant, the plaintiff's negligence shall be considered in calculating the amount of damages to be compensated by the defendant, and the time during which the accident of this case occurred shall be considered as 55%, and the defendant's responsibility shall be limited to 45%.

2. The attached amount of damages, except as otherwise stated below within the scope of liability for damages.

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