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(영문) 인천지방법원 2019.10.15 2017가단223704
손해배상(자)
Text

1. The Defendant’s KRW 134,527,451 as well as 5% per annum from August 18, 2016 to October 15, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. At around 23:40 on August 18, 2016, C driven a D Private Taxi (hereinafter referred to as “dic-cab”) and driven the Plaintiff without permission crossing the road on the right side from the left side of the running direction of the mast Sea in Incheon Bupyeong-gu, Incheon, while driving the intersection of the F three-distance intersection in front of the F in front of the vehicle in accordance with the signals under the vehicle crossing.

(hereinafter referred to as the “instant accident”). The approximate present situation at the time of the instant accident is as shown in attached Table 1.

B. The Defendant is a mutual aid business entity that has concluded a mutual aid agreement with respect to a sea-going vehicle that caused the instant accident.

C. As to the instant accident, the Defendant paid a total of KRW 70,504,250 to the medical institutions, etc. that treated the Plaintiff.

[Ground for Recognition: Facts without dispute, entry of evidence No. 5, purport of the whole pleadings]

2. Occurrence of and limitation on liability for damages;

A. According to the above facts, the accident of this case is deemed to have partially caused the violation of the duty of the driver of a sea-going vehicle on the front-time basis. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident as a mutual-aid business operator of a sea-going vehicle.

B. However, in full view of the evidence presented, the following can be acknowledged: (a) the Plaintiff was crossing the road wide range of the seven-way line without permission; (b) the point at which the Plaintiff started crossinging the road without permission was located far away from the crosswalk on which signal lights are installed; and (c) the point at which the Plaintiff was crossinging the road without permission is at night when it is difficult to secure the driver’s view; and (iv) the above road is a road with a large traffic volume in light of the above road’s vehicle width, surrounding buildings, etc. In light of these circumstances, it is determined that the deceased’s negligence of unfairly crossing the road at night caused the accident of this case.

The above circumstances and the developments leading up to the instant accident.

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