1. The Defendant’s KRW 58,768,163 as well as the Plaintiff’s KRW 5% per annum from May 31, 2016 to February 22, 2018.

1. Facts of recognition;

A. On May 31, 2016, at around 05:00, B driven a private taxi (hereinafter “fence vehicle”) and driven a crosswalk in front of the Eastern Police Station located in the waters of Busan East-dong, Busan Educational University, along the two-lanes of the road along the same intersection, from the bank of Busan Educational University to the intersection of the road of the same intersection, the Plaintiff, who was moving the above crosswalk to the right side from the left side of the direction of driving the vehicle, was driving in violation of the signal and sustained injury, such as the mouth in the center of the left part of the vehicle in need of treatment for about eight weeks.

(hereinafter “instant traffic accident”). (b)

The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with respect to the sea vehicles.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 4, video (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability, the traffic accident in this case occurred due to the violation of B's signal and the negligence of failing to perform his duty of explanation. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff due to the traffic accident in this case as a mutual aid business operator of the A's vehicle unless there are special circumstances.

나. 책임의 제한 여부 피고는 이 사건 교통사고 당시 원고가 보행신호가 거의 끝날 무렵 뒤늦게 횡단보도를 건넜을 뿐만 아니라 휴대전화 통화를 하면서 가해차량의 진행상황을 살피지 않은 잘못이 있으므로 피고의 책임이 제한되어야 한다고 주장한다.

In general, a pedestrian crossing is not obliged to pay a duty of care by examining whether a pedestrian has a motor vehicle in violation of a signal, according to the pedestrian crossing signal, and according to the video of Eul No. 4.