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(영문) 서울북부지방법원 2017.09.22 2016나36162

손해배상

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates taxi transport business among the area-passenger transport business under subparagraph 2 of Article 3 of the Passenger Transport Service Act, and is the owner of A taxi (hereinafter “Plaintiff taxi”), and the Defendant is a mutual aid business entity that entered into a comprehensive insurance contract with B vehicle (hereinafter “Defendant taxi”).

B. Around 03:40 on September 16, 2015, Plaintiff taxi driven three lanes in front of D in Guro-gu Seoul Metropolitan Government, and Defendant taxi her left top part while changing the lane. Plaintiff taxi her left top part of the Plaintiff taxi her left top part of the taxi, and Plaintiff taxi her shocked the electric telegrams and her front part of the Plaintiff taxi her front part of the taxi. due to its shock, Plaintiff cab her shocked the electric telegram.

(hereinafter referred to as “instant accident”). C.

Plaintiff

After the instant accident, the taxi was not operated as repair works until October 5, 2015, and was operated from October 6, 2015 to August 6, 2016, and was cancelled on August 8, 2016.

On the other hand, Plaintiff taxi was first registered on April 12, 2012, and the age limit was extended until April 11, 2017, and the exchange price of Plaintiff taxi at the time of the accident under the Enforcement Decree of the Corporate Tax Act is KRW 1,975,13, and the rent of Plaintiff taxi according to the Korea Insurance Development Institute in 2014 is KRW 44,420.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1, 2, 4 through 13, Eul’s 1 through 4, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition, the previous defendant taxi was an accident that occurred while the previous defendant taxi was in the line of course, and the plaintiff taxi was in the line of duty to verify whether the defendant taxi driver was a vehicle attributable to him/her.

As such, the defendant is responsible for compensating the plaintiff for damages caused by the accident of this case as a mutual aid association of defendant taxi.

(b) Provided, That the driver of the plaintiff taxi shall also be obliged to drive the taxi safely, such as putting the driver on a front-way and reducing the speed in order to prevent the occurrence of the accident.