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(영문) 서울중앙지방법원 2018.07.17 2016나79986
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reason why the court should explain this part of the liability for damages is as stated in the corresponding part of the judgment of the court of first instance, except for the cases where the part of the “limited liability” is as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

“. However, the limitation of liability is limited: (a) the Plaintiff’s fault was found to have caused the occurrence and expansion of the instant accident, and the Plaintiff’s fault was found to have caused the occurrence and expansion of the instant accident. It is limited to 50% of the Defendant’s liability by comprehensively taking into account the point and time of the instant accident as indicated in the foregoing recognition, the background and result of the instant accident, etc. In addition, the instant accident is not only children protection zone, but also neighboring commercial buildings are concentrated; (b) the Plaintiff’s fault is required to be more strict care than 20%; (c) the speed of the Defendant’s vehicle at that time begins after the signal waiting, but it appears that the Plaintiff’s fault did not exceed 30 km, which is the limited speed of children protection zone; and (b) the Plaintiff’s fault did not appear to have been easily discovered between the Plaintiff’s vehicle and its surrounding vehicle at the time of the instant accident, considering that the Plaintiff’s fault did not appear to have been found as the cause of the instant accident.

2. The scope of liability for damages is below.

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