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(영문) 인천지방법원 2015.04.30 2013가단236634
손해배상(자)
Text

1. The Defendant’s KRW 48,800,317 as well as 5% per annum from July 17, 2013 to April 30, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B is a person who is engaged in driving of the city bus No. C908. B. A around 05:00 on July 17, 2013, driving the said city bus at around 05:00, and driving the intersection where the non-U.S. P.C. signal, etc. is installed in the south-gu Incheon Metropolitan City, Nam-gu, with a speed of about 20km away from the offside of training Dong-dong, and driving the road at about 20km long, and driving the vehicle as soon as possible, in violation of the signal that is changed to the stop signal, and by negligence, the vehicle driving by the Plaintiff who was left to the left pursuant to the new subparagraph from the front side of the said city bus. B was caused by negligence on the part of the above business to the Plaintiff, thereby causing injury to the Plaintiff, such as an injury, etc., at least 6 U.S. c., at the left side of the said city bus (this case 2).

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is liable for compensating the plaintiff for damages since B violated the signal while driving urban buses and caused the instant traffic accident to the plaintiff.

C. The Defendant’s limitation of liability asserts that the Plaintiff’s negligence should be taken into account inasmuch as the Plaintiff’s negligence did not take such measures even if he could have prevented or reduced damage to the instant accident. As such, in the intersection where traffic control is performed by means of a stoves, signal, etc., all drivers of a vehicle operating under the new subparagraph shall faithfully observe the signal, etc., and thus, the driver of a vehicle who is driving under the new subparagraph shall continue to enter the intersection immediately before and after another vehicle has already changed to a stop signal from the running direction to the stop signal.

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