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(영문) 서울중앙지방법원 2017.04.13 2016가단5157576

구상금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Mang B (a while under the influence of alcohol content 0.218%, hereinafter “the deceased”) was on the part of Defendant A’s cab in the vicinity of the Gangnam Station with two parallels, and the two persons on the part of Defendant A was on the part of Defendant A’s cab, and the deceased was on the part of Defendant A’s school, a destination, and passed through the tunnel No. 1 Southsan City, which was in the middle of the household, and arrived at the right side of the house near the access road in Jung-gu, Seoul.

B. On September 29, 2013, around 00:14, the time when the deceased arrived at the above place, the deceased called 112 on his mobile phone. As the deceased did not respond to the police’s questions, the Defendant A reported that he did not have a taxi for the deceased’s mobile phone and that he did not have a cab. However, the Defendant reported the place to the effect that he did not have a cab. However, on the right side of the tunnels No. 3 and the front side of the tunnel, the deceased made a wrong report.

C. Since then, the deceased left the taxi where he left the taxi where he left the taxi where he left a safe credit card, etc., and died from the view of the defendant A, and the defendant A did not go to the police in the absence of the search for the deceased, after calculating the taxi expense by the credit card of the deceased, the deceased was on board other passengers at around 00:26 on the same day. The police who received the 112 report was also on the 00:23 on the same day and the deceased was not on the 0:33 on the same day because he did not discover the taxi and did not receive the telephone.

On the other hand, at around 00:32 on the same day, the deceased was found in the shape of the road near the downstream and the two-lanes of the road, which was used between the first and the second-lanes of the road, and died due to the heart and the multi-presidential long-term system.

E. The Plaintiff entered into a mutual aid agreement for the above E-si operated by the Plaintiff, and the Korean Federation of Passenger Transport Business Associations concluded a mutual aid agreement for the above C-si operated by Defendant Switzerland.