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(영문) 수원지방법원 2020.11.19 2019나67975
손해배상(기)
Text

The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 9,948,269 and KRW 9,148,269.

Reasons

1. At around 19:00 on November 13, 2017, the Plaintiff was involved in an accident where the Defendant was found to cross the road without permission and the Defendant was attempted to avoid the accident (hereinafter “the instant accident”).

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2, Gap evidence 5, fact-finding reply to the police station of the party, the purport of the whole pleadings

2. Determination

A. The following circumstances revealed by comprehensively taking account of the evidence and the overall purport of Gap evidence No. 23 as seen earlier prior to the occurrence of liability for damages, namely, ① the defendant, although the road in which the accident in this case occurred had a banner and a pents installed, entered the road without permission, disregarding the pents. The defendant, ② the defendant prepared to cross the road without permission at the center of the three-lanes of the six-lane line (three-lane lines) road, coming from the center of the three-lane road, and the plaintiff was able to sufficiently confirm the manner of coming from the road at the two-lanes, and the plaintiff started running the road on his own side despite the fact that the plaintiff was able to sufficiently confirm the manner of coming from the pents. ③ The plaintiff was able to change the direction to the left side of the defendant to avoid the collision with the plaintiff, and ④ The plaintiff was not expected to have been able to avoid the collision with the defendant. In light of the plaintiff's speed of running the accident in this case, the defendant is fully liable for damages caused by negligence of the plaintiff.

B. According to the purport of each of the statements and arguments as to Nos. 10, 31, and 32 of the Repair Cost Gap, the scope of the liability for damages is one of the accident in this case.

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