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(영문) 서울중앙지방법원 2015.11.27 2014가단5214871

손해배상(자)

Text

1. The Defendants jointly share KRW 427,329,592 with respect to the Plaintiff and the period from June 30, 2012 to November 27, 2015.

Reasons

1. Occurrence of liability for damages;

A. At around 01:25, June 30, 2012, B: (a) A is deemed as Defendant 1’s vehicle.

) A driver and a driver tried to start driving again while driving his vehicle and driving again while hearing the horses from the Plaintiff that he sawd from the king-dong Dokdo to the Dokdo-dong Dokdo-dong 24-9, the Dokdo-dong Dok-dong Dokdong 2nding the Dokdo-dong Dokdo-dong 2nding the Dok-dong Dokdong-dong 2nding. At that time, D is Defendant 1’s vehicle (hereinafter “Defendant 2”).

2) Defendant 1’s back part of Defendant 1’s front part of Defendant 2’s vehicle was shocked, and Defendant 1’s back seat was inflicted on the Plaintiff, who was on the back seat of Defendant 1’s vehicle, due to an injury, such as blood, brain, and surbing the back of the back part of Defendant 1’s vehicle (hereinafter “instant accident”).

(2) The Korean Federation of Passenger Transport Business is the mutual aid association that entered into a motor vehicle mutual aid agreement with respect to Defendant 1, and Defendant M&A is the insurer that entered into a comprehensive motor vehicle insurance agreement with respect to Defendant 2.

[Ground for Recognition: Unsatisfy, Gap evidence 2, 3, and 15 (including branch numbers if there are branch numbers); hereinafter the same shall apply)

(2) The grounds of appeal No. 1

B. According to the above fact of recognition of liability, B was negligent by driving the vehicle again after stopping on the road that is difficult to expect the vehicle to drive or stop without properly examining the rear side at night, and D was negligent by failing to properly examine the front side of the alcohol and contributing to the occurrence and expansion of the instant accident, so the Defendants are jointly liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident.

(c) limitation of liability, provided that the plaintiff is also winding on the back seat of the taxi that takes back without wearing a safety belt.