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(영문) 대구지방법원 2019.04.05 2017가단112321

손해배상(자)

Text

1. The Defendant’s KRW 3,892,556 to the Plaintiff and KRW 5% per annum from August 5, 2016 to April 5, 2019.

Reasons

1. Facts of recognition;

A. On August 5, 2016, C driving a Dsi (hereinafter “Agu taxi”) and driving a two-lane of the two-lanes in front of the F cafeteria in Daegu Suwon-gu E on a speed of about 30 km. Since a vehicle parked in the three-lanes of the said place, C caused an accident of shocking the Plaintiff’s left-hand side of the lower-hand side of the Y-si, which was located near the two-lane, into the front-hand part of the Y-si’s right-hand side (hereinafter “instant accident”).

B. The Plaintiff suffered injury in the instant accident, such as the slive slive slive slive slive and internal side slive slive slive slive slive slive slive slive slive slive slive slive slive slives

C. The Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to the Gasi, and paid KRW 5,355,200 in total for the Plaintiff’s auxiliary equipment costs and medical expenses incurred by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-4, each entry and video (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion sought payment of KRW 66,048,158 in total, including KRW 12,95,447 in total, KRW 45,292, KRW 711 in future, and KRW 7760,00 in compensation for damages caused by the instant accident, and damages for delay.

B. According to the facts found in the first instance of the liability for damages, the place where the instant accident occurred is where there are many two-lanes in order to board a taxi at night at night, and since the time of occurrence is night, C driving a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and steering gear.

Nevertheless, C neglected to perform its duty of care and caused the instant accident due to negligence. Therefore, the Defendant, who is a mutual aid business entity of Gasi, has caused the instant accident.