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(영문) 창원지방법원마산지원 2019.04.25 2018가단100017

손해배상(자)

Text

1. The Defendant’s each of the Plaintiffs’ KRW 63,849,601 and each of the corresponding amounts shall be from August 29, 2017 to April 25, 2019.

Reasons

1. Basic facts

A. The Plaintiffs are parents of the network D (hereinafter “the network”), and the Defendant is a taxi company that owns and operates E-si (hereinafter “instant taxi”).

B. On August 29, 2017, around 01:05, the Deceased driven an Itooba (hereinafter “the instant Obaba”) from the ebbbbane room at the G entrance intersection at the Changwon-si, Changwon-si, which was located in F, to the area of Heaba (hereinafter “the instant Oba”), and died from a traffic accident in conflict with the instant taxi, which took place on the opposite part, (hereinafter “the instant traffic accident”).

C. On February 28, 2018, J driving the instant taxi at the time of the instant traffic accident was sentenced to imprisonment without prison labor for 4 months, 2 years of suspended execution (Seoul District Court Decision 2017Da3828), and the judgment on March 8, 2018 became final and conclusive on the following grounds.

The Defendant is a person who drives a rocketing taxi belonging to E (oil)C.

On August 29, 2017, the Defendant driven the above vehicle at around 01:05, and driven the front intersection of K, which is located in F of the window of Changwon-si, from the H Middle School to the one-lane Do of salary-dong room.

At the time, it is a night, and there is no signal signal, a private-distance intersection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed in advance and to prevent accidents in advance by driving the motor vehicle with a duty of care.

Nevertheless, the defendant neglected this and tried to drive a motor vehicle parked on the right side of the running direction by entering the intersection with the left side of the motor vehicle of the defendant living along the center of the center line, and the victim D (18 years of age) will drive the motor vehicle of the defendant with the right side of the driving direction at the right side of the center line, and then find it late that the victim D (18 years of age) will drive the intersection, and return it to the center line, and the right side side of the motor vehicle of the defendant will be the front side of the road of the victim.