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(영문) 창원지방법원 2019.11.07 2019가단110370

구상금

Text

1. The Defendant’s KRW 20,907,00 for the Plaintiff and 5% per annum from May 16, 2019 to November 7, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to Drocketing taxi owned by the limited liability company C (hereinafter “C”), and the Defendant is the owner of Echip vehicle (hereinafter “Defendant vehicle”).

B. Around 01:05 on August 29, 2017, F (i) driven the Plaintiff’s vehicle, while proceeding from the H middle school room at the intersection at the entrance of the G market at Changwon-si, to the erode room at the H middle school room at the window at Changwon-si. However, it conflicts with the Jaltoba of the I driver, which was dependent on the opposite part (hereinafter “instant accident”).

(2) The I suffered from injury to the two parts due to the foregoing accident, and died from cerebral lapsy from the hospital on September 7, 2017.

(3) At the time of the instant accident, the Defendant’s vehicle was parked in the direction of the Plaintiff’s proceeding in the vicinity of the entrance intersection of the said G market. At the time of the instant accident, the map of the actual survey prepared by the investigative agency in relation to the instant accident is as shown in the attached Form (a vehicle is parked adjacent to the K Building and the vehicle is the Defendant’s vehicle.

(C) On February 28, 2018, the Defendant was sentenced to imprisonment without prison labor for 4 months and 2 years of suspended execution for the following criminal facts in the Changwon District Court Decision 2017Ma3828, and the judgment was finalized on March 8, 2018. The Defendant is a person who drives a rocketing taxi under the Changwon District Court Decision C.

On August 29, 2017, the Defendant driven the above vehicle at around 01:05, and proceeded ahead of the M, which is located in L of Changwon-si, at the window of Changwon-si, one-lane from the H Middle School.

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 is guilty.