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(영문) 서울북부지방법원 2015.06.09 2014나21500

손해배상(자)

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 12:10 on October 14, 2012, driven a D taxi (hereinafter “accidented vehicle”) at a three-lane distance from the signal line, etc. in front of the C Apartment apartment in Seoul Special Metropolitan City, Nowon-gu, and caused the Plaintiff’s injury, such as “the opening of the launch items”, by neglecting the Plaintiff’s driver’s e-soil, who was left left at the front and the left-hand side of the commercial complex in the middle of the B B, due to the negligence of failing to properly take into account the situation of the front and the traffic in the middle of the three-lane in the middle of the B-lane in the middle of the B-lane, in violation of the new subparagraph.

(2) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with respect to the foregoing accident vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 4, and 10, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the plaintiff for damages caused by the accident in this case as a mutual aid business operator for the accident vehicle unless there are special circumstances.

C. As to the Defendant’s assertion of exemption, the Defendant asserts that the instant accident occurred due to the Plaintiff’s former negligence, which caused the left-hand turn in violation of the signal, and that the Defendant did not commit any negligence with respect to the instant accident to B, who merely took place on the right-hand lane in accordance with the straight line, and therefore, the Defendant is not liable for the instant accident.

In light of the above evidence, the following circumstances, which were found to have been indicated by the images of No. 1-8 and No. 2 of No. 1-2, are as follows: (a) there is no indication prohibiting a direct exhaustion on the surface immediately before the point of the instant accident (limited to where the instant accident occurred at the point where the intersection was past the intersection), and the accident vehicle is driving three lanes.