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(영문) 서울중앙지방법원 2020.07.22 2020나21205
구상금
Text

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

Reasons

1. Facts of recognition;

A. At around 08:55 on June 5, 2017, C driven D buses, an insured vehicle of the Plaintiff (hereinafter “Plaintiff”) and proceeded to the domestic line from the international line along the first road, which is seven-lanes in front of the national length of the 112 Kimpo Airport in Gangseo-gu, Gangseo-gu, Seoul.

B. A crosswalk was installed at the front direction of the Plaintiff vehicle.

When the signal of the pedestrian signal is green on-and-off, the defendant started crossing from the right side of the direction of the plaintiff's vehicle to the right side, and the pedestrian signal was cut to the red signal before completion of crossing, and opened the crosswalk.

C, while the signal on the left side of the crosswalk was changed to a green signal, C was trying to pass through the crosswalk, and the defendant was parked in the crosswalk, and due to this, the number of passengers E of the plaintiff vehicle was exceeded.

C. By December 27, 2018, the Plaintiff paid to E totaling KRW 27,025,230,000 for medical expenses and damages.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1-8 and the purport of the whole pleadings

2. Determination

A. In light of the following circumstances, the instant accident occurred between C and the Defendant’s joint negligence, and it is reasonable to regard the negligence ratio as C80% and Defendant 20%.

(1) When pedestrians are passing along a crosswalk, the driver of any motor vehicle shall temporarily stop in front of the crosswalk (if a stoppage line is marked off, the stoppage line shall be temporarily stop so as not to obstruct them or endanger them.).

(Article 27). C of the Road Traffic Act, without finding the defendant, was injured by E by sudden stop.

② At the time of the accident, the vehicle signal in the direction of the Plaintiff’s vehicle was changed to a green signal, but all vehicles in two to seven lanes were standing in front of the crosswalk.

Therefore, as C, pedestrians are to build crosswalks.

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