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(영문) 전주지방법원 2016.11.24 2015나10540

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Establishment of liability for damages;

A. 1) The Plaintiff is a limited partnership company established for the purpose of running the taxi transport business, and is called B taxi (hereinafter “Plaintiff taxi”).

(2) On July 12, 2014, the Defendant, who was employed by the Plaintiff from March 5, 2012, served as a taxi engineer, was passing through the intersection of the Samcheon-dong fire fighting boat via the Plaintiff’s taxi at around 15:20 on July 12, 2014. According to the pedestrian signal at the intersection, the Plaintiff paid KRW 10,000,000, to the Jeonbuk-gu District of the Federation of Passenger Transport Business Cooperatives (hereinafter “the first traffic accident”).

3) On September 17, 2014, the Defendant was driving the Plaintiff taxi on September 17, 2014, and received street lamps, etc. on the part of India near Taejin Park (hereinafter “the second traffic accident”).

) The Plaintiff caused the Plaintiff to pay KRW 100,00,000 to the Jeonbuk-do District of the Korea Passenger Transport Business Association and the Mutual Aid Association, and the repair cost of the Plaintiff’s vehicle exceeds the remaining value of the vehicle due to the said accident, and the Plaintiff was scrapped the Plaintiff’s taxi. [Grounds for recognition] The Plaintiff did not dispute, and the purport of the Plaintiff’s 2,5 through 7 (each entry and pleading including the land number) and the entire argument.

B. According to Article 61(1) of the Rules of Employment (Evidence A9) concluded on June 25, 2014 between the Plaintiff and his/her employees and enforced on July 1, 2014, when an employee or driver of the Plaintiff incurred loss to the company by gross negligence, the Plaintiff’s employee or driver shall be liable for damages within the extent of the loss.

The facts of the first traffic accident that the Defendant caused a traffic accident that shocks pedestrians according to the pedestrian signal while driving the Plaintiff taxi around 15:20 on July 12, 2014 and passing through the intersection of the Samcheon-dong fire fighting boat crossing, Samcheon-dong, Samcheon-dong, and the Defendant caused a traffic accident that scrows pedestrians according to the pedestrian signal are as seen earlier.

If so, the first traffic accident.