(영문) 창원지방법원 2017.06.29 2016나60789

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2017.06.29 2016나60789

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is 1.1. A of the grounds for the first instance judgment.

Since the facts of recognition are the same as the part of the facts of recognition, they are quoted by the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant's liability for damages

A. According to the above fact of recognition of damages liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

B. According to the overall purport of Gap's evidence Nos. 3, 10, 16, 18, 19, Eul evidence Nos. 1 and 4, and Eul evidence Nos. 1 and 4, it is recognized that the deceased, who proceeded on a road of one-lane, did not wear safety equipment, such as safety caps, and did not take the location or speed of buses subsequent thereto, and the driver of the defendant vehicle, who is a bus engineer, was negligent in driving the road. However, the driver of the defendant vehicle, who was a bus engineer, did not exercise his duty of care, but did not take due care and slowly because there could be pedestrians who walk the crosswalk without a signal, etc., and it is recognized that the driver of the defendant vehicle attempted to overtake the vehicle beyond the central line without a signal, etc., and that the above negligence of the driver of the defendant vehicle caused the accident of this case.

Therefore, considering all the above circumstances, it is reasonable to recognize the deceased's fault ratio as 30% and limit the defendant's liability to 70%.

C. 1) The reasons for the court’s explanation on this part of the deceased’s lost income and funeral expenses are as follows: “2. A. the deceased’s lost income” and “2.b. funeral expenses” among the reasons for the judgment of the court of first instance; thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. (2) The property damages amount calculated according to the Defendant’s limitation on liability (70%) is KRW 133,639,463 [186,913,519, 4,000] x 70%].

3. The Defendant’s set-off of the Defendant’s payment expenses had already been paid to the Deceased’s treatment expenses.

참조조문

-민사소송법 제420조

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