손해배상(자)
1. On July 6, 2014, around 00:25, with respect to the Plaintiff’s Defendant, it is a traffic accident that occurred at a private distance between Yongsan-gu Seoul and Yongsan-gu Seoul.
1. Facts of recognition;
A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with respect to B-business taxi (hereinafter “Plaintiff-motor vehicle”).
B. Around 00:25 on July 6, 2014, while driving the Plaintiff’s vehicle and making a left-hand turn to the left from the south area of Yongsan-gu Seoul, Yongsan-gu, Seoul, the left-hand turn was shocked by DOtoba (hereinafter “Defendant’s vehicle”) where the Defendant, who was waiting for the signal going beyond the stop line at one lane on the left-hand side, was on the left-hand side.
[Grounds for Recognition: Evidence No. 1, Evidence No. 1, Evidence No. 1, Evidence No. 4, the video, and the purport of the whole pleadings]
2. The parties' assertion
A. The repair cost of the Defendant’s vehicle due to the instant accident alleged by the Plaintiff is KRW 370,00,000 per day, and the adequate repair period is KRW 60,000 per day. If the Defendant’s fault ratio of the instant accident is offset by 20%, the insurance amount to be paid by the Plaintiff to the Defendant is KRW 344,00 ( KRW 430,000 ( KRW 370,000) x 0.8). Thus, the Plaintiff’s obligation to pay insurance money to the Defendant does not exist in excess of the above KRW 34,00.
B. The Defendant’s assertion that the instant accident occurred due to the unilateral negligence of the Plaintiff’s driver who violated the duty of Jeonju, and thus, the Defendant’s vehicle driver is not at fault, and the Defendant’s vehicle driver is liable to pay the Defendant the amount of KRW 171,320 as medical expenses, repair expenses, and rent of KRW 3.6 million as the medical expenses. As such, the Plaintiff is liable to pay the Defendant the damages amounting to KRW 3,771,320 as the above property damages ( KRW 171,320,360,000), plus KRW 5,771,320,000 as the insurance money, and damages for delay calculated at a rate of 5% per annum as prescribed by the Civil Act from July 6, 2014, which is the date of the instant accident, to the day of full payment.
3. Determination
A. According to the above fact of recognition of the liability for damages, the accident of this case occurred due to the negligence of the driver of the plaintiff vehicle, who neglected the duty of Jeonju.