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(영문) 부산지방법원 2016.07.13 2015나47577

손해배상(자)

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff owns Oral Ba (hereinafter “Plaintiff Oral Ba”), and the Defendant is a person who owns D-si (hereinafter “Defendant taxi”).

The Intervenor joining the Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with the Defendant taxi.

B. On August 4, 2014, at around 08:24, the Plaintiff driven the Plaintiff Ortoba, driving the Plaintiff, and driving the Plaintiff’s front road of the 11 foreign exchange bank, which was located along the two-lanes of the two-lanes of the two-lanes, from the boundary of the mountain intersection, to the intersection of the mountain intersection. However, as the Plaintiff’s back on the right side of the Plaintiff’s taxi stopped near the front bank, the lower part of the lower part of the Plaintiff’s back on the right side to get out of the Plaintiff’s left side, the Plaintiff exceeded the right side along with the Plaintiff’s Ortoba.

(hereinafter “instant accident”). C.

As a result of the instant accident, the Plaintiff hospitalized in the Embryptian House from August 5, 2014 to August 11, 2014, and the Intervenor’s Intervenor paid KRW 800,000 to the Plaintiff, and KRW 411,680 to the Plaintiff’s insurance company around October 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, Eul evidence 1, 2, and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Defendant asserted that the instant accident occurred by allowing passengers to get off the instant accident, in violation of the duty of due care in advance, in order to prevent the occurrence of a collision with other vehicles or ozones, by taking into account the surrounding areas when the taxi passengers get off the taxi.

Therefore, the Defendant should pay the Plaintiff the repair cost of the Plaintiff KRW 8.55 million, consolation money of KRW 1,1550,000,000, and damages for delay.

3. Determination

A. As a taxi driver who is liable to compensate for damages, the taxi driver does not get off the taxi after having set the taxi on the side of India when the taxi passenger intends to get out of the taxi.