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(영문) 대전지방법원 2017.11.03 2013가단26941
손해배상(자)
Text

1. The Defendant shall pay to the Plaintiff A KRW 55,728,921, KRW 2,00,000 to the Plaintiff B, and KRW 1,00,000 to the Plaintiff C and each of the above amounts.

Reasons

1. Basic facts

A. Based on Plaintiff A, Plaintiff B is wife, and Plaintiff C is a child.

The defendant is the owner of the E-si for business use (hereinafter referred to as the "Defendant vehicle").

B. Around 01:00 on July 29, 201, F driven the Defendant’s vehicle, in violation of the bypass prohibition signal in the direction of the 4-Dong-dong along the H private-distance intersection in front of the G apartment of Daejeon-gu from the direction of the 4-Dong-dong, and obstructed the Defendant’s bicycle crossinging the crosswalk in accordance with the pedestrian signal from his running direction to the left side of the road, and caused injury to the Defendant, such as the thalle, etc., on the top of the front part of the Defendant vehicle.

(hereinafter referred to as "accidents in this case"). 【No dispute exists, Gap evidence Nos. 1, 2, 6, 16, and Eul evidence No. 2

2. Occurrence of liability for damages;

A. According to the above facts, the defendant is liable to compensate the damages suffered by the plaintiffs due to the instant accident under the Guarantee of Automobile Accident Compensation Act as an operator of the defendant vehicle.

B. Meanwhile, when a bicycle rider crosses the road on a crosswalk, he/she must get off his/her bicycle and walk the bicycle (Article 13-2(6) of the Road Traffic Act), notwithstanding the provision of Article 13-2(6) of the Road Traffic Act, the plaintiff A was negligent in crossing the road on a crosswalk with his/her bicycle riding, and such negligence contributed to the occurrence of the accident of this case and the expansion of damage.

As such, the Defendant’s calculation of the amount of damages to be compensated is to be taken into account, but the Defendant’s liability ratio is limited to 95%, taking into account the background of the instant accident, the negligence of violating the signal of the Defendant’s vehicle (at the location of the accident, there was a bypass signal apparatus and a bypass signal instruction sign), the injury part and degree of the Plaintiff’s injury, etc.

3. The following facts within the scope of liability for damages are either a dispute between the parties, or a statement in Gap evidence Nos. 7, 9, 10, 13, 17, and 18, or a result of commission of physical examination of the I Hospital of this Court (as of May 14, 2014).

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