(영문) 서울중앙지방법원 2017.05.31 2016가단42730

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2017.05.31 2016가단42730

손해배상(자)

Text

1. The Defendant’s KRW 30,712,784 as well as the Plaintiff’s annual rate of 5% from April 8, 2015 to May 31, 2017.

Reasons

1. Occurrence of liability for damages;

A. In fact 1) B, around 00:30 on April 8, 2015, 2015, Csi (hereinafter “Defendant vehicle”).

) A driver driving his vehicle and driving his vehicle along the three-lanes along the two-lanes from the bank of Korea side to the sublimistic intersection in front of the 50 interesting life in Jung-gu Seoul, Jung-gu, Seoul, the Plaintiff, who dried the crosswalk on the left side of the Defendant vehicle, was shocked to the front part of the Defendant vehicle (hereinafter referred to as “instant accident”).

2) The Plaintiff suffered injury, such as knenee per knethum tear, etc. due to the instant accident.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle (based on recognition), without dispute, Gap 1-3 evidence, Eul 3 evidence (including paper numbers, and the purport of the whole pleadings).

B. 1) According to the above facts, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff as the mutual aid business operator of the Defendant’s vehicle. 2) As to this, the Defendant asserts that the instant accident occurred due to the Plaintiff’s fault crossing the crosswalk in pedestrian red signal at night, and that the driver of the Defendant’s vehicle could not anticipate the Plaintiff’s unauthorized crossing, and that the Defendant’s driver could not expect the Plaintiff’s unauthorized crossing, and thus, should be exempted from liability

The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his/her own sake shall be liable to compensate for damage caused by the operation of the automobile concerned when he/she has killed or injured another person," and provides that the driver shall not be bound to prevent the existence of intention or negligence. However, in the case of death or injury caused by a person who is not a passenger, he/she and the driver shall not be negligent in giving due attention to the operation of the automobile, but shall be the victim

참조조문

-자동차손해배상 보장법 제3조

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