beta
(영문) 대구지방법원 2019.06.12 2018나8277

손해배상(자)

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. Basic facts - The Plaintiff driven at around 09:00 on November 30, 2017, and entered the road in front of the 169 Daegu Daegu Intermodal Transfer Center, Daegu East-ro, Daegu-dong, as the main line from the taxi platform to the main line. On the other hand, the said place was proceeding from the boundary of the Dong area and the four-distance distance away from the boundary of the Dong area, and was charged with the back part of the right-hand part of the E-si (hereinafter referred to as the “Defendant vehicle”) who was temporarily parked at the time to get passengers get off the taxi.

(See attached Form 1 survey report; hereinafter referred to as “instant accident”). - The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant vehicle.

The instant accident occurred during the period of mutual aid.

[Reasons for Recognition] Unsatisfy, Eul 1, 3, 5 (including ad hoc number), the purport of the whole pleadings

2. According to the evidence revealed earlier prior to the existence of liability for damages, the fact that the place where the Defendant vehicle stops was a vehicle adjacent to it, not an exemplary taxi stop, and the fact that the Defendant vehicle stops while stopping and does not use an emergency, etc. to inform it.

Since the above negligence of the driver of the defendant vehicle contributed to the occurrence of the accident of this case, the operator of the defendant vehicle is liable for the damages suffered by the plaintiff due to the accident of this case as the operator of the motor vehicle, and the defendant is liable for the payment of the same insurance money as the above liability for damages under Article 724(2)

3. Scope of liability for damages

A. Property losses - Lost income: 106,846 won (the daily daily daily daily wage of the Plaintiff, which was closed on December 5, 2017, 2017, after repairing the Plaintiff’s vehicle in the latter part of the year of 2017) - The traffic expenses of KRW 120,000 (the Plaintiff was diagnosed on the catum and the catum base due to the instant accident, and received the pain treatment for 24 days from November 30, 2017 to January 4, 2018, and received the pain treatment for 5,000 won during the period from November 30, 2017 to January 4, 2018) - Medicines expenses: 10,240 won - The cost of repairing the Plaintiff’s vehicle: 270,000 won (based on recognition).