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(영문) 광주지방법원 2020.10.14 2019가단522012

손해배상(자)

Text

Among the lawsuits in this case, the part demanding the payment of 996,310 won shall be dismissed.

The defendant is against the plaintiff A 61.

Reasons

On September 19, 2016, E: (a) around 23:15 on September 23:15, 2016, while driving a G-type taxi owned by the Limited Partnership Company F, and driving a G-type taxi in front of the International Bank located in Gwangju Northern-gu at a speed exceeding 20km depending on the two-lanes of the three-lanes, and caused the Plaintiff to suffer injury, such as the Plaintiff’s structural frame, the left-hand upper part of the taxi, the upper part of the upper part of the taxi, the upper part of the upper part of the taxi, the upper part of the upper part of the passenger’s body frame, the upper part of the passenger’s body frame, the inner part of the passenger’s body frame, and the part of the wall and the part of the passenger’s body frame.

(hereinafter “instant accident”). Plaintiffs B and C are children of Plaintiff A, and the Defendant is a mutual aid project operator who entered into a mutual aid agreement with respect to the said business-use taxi.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 (including a branch number; hereinafter the same shall apply), Eul evidence Nos. 1 and the purport of the whole pleadings, the defendant is liable to compensate the plaintiffs for damages caused by the accident of this case as the insurer of the above business-use taxi.

However, in full view of the purport of the arguments in the above evidence, the plaintiff A committed an error of crossing the 21 meters away from the crosswalk signal lights at night at the time of the accident at night, and the above error of the plaintiff A was caused by the occurrence of the accident at night and the expansion of damage. Therefore, the scope of the defendant's liability is limited in consideration of this, but it is reasonable to view that the ratio of the plaintiff A's negligence is 40% in full view of all all the all the circumstances shown in the argument in this case. Thus, the scope of the defendants' liability is limited to 60%.

In addition to the matters stated separately below the scope of liability for damages, it shall be the same as each relevant item of the attached Table of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but it shall be the last month.