손해배상(자)
1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 29, 2014 to November 27, 2020.
1. Occurrence of liability for damages;
A. Fact 1) C is a DNA taxi (hereinafter “Defendant vehicle”) around 20:30 on December 29, 2014.
) While driving the Plaintiff’s vehicle and driving the two-lanes of the three-lanes of the two-lanes of the front road of the Ulsan-gu E apartment zone into the Maritime Police Security Authority, the Plaintiff, who dried the crosswalk from the left side of the direction to the right side of the direction, was shocked with the Defendant’s vehicle (hereinafter “instant accident”).
2) The Plaintiff suffered from the injury of the Dazin salt, etc. due to the instant accident.
3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle (based on recognition). The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle (based on recognition), without dispute, evidence Nos. 1 through 5,
each entry or video, the whole purport of the pleading;
B. According to the above facts, the Plaintiff was injured by the operation of the Defendant’s vehicle, and the Defendant, the mutual aid business operator of the Defendant’s vehicle, barring any special circumstance, is liable to compensate the Plaintiff for the damages caused by the instant accident.
In this regard, the defendant asserts that the accident of this case occurred by the plaintiff's unilateral negligence, disregarding pedestrian stop signal and without permission, so the defendant should be exempted from liability.
The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his/her own sake causes the death or injury of another person due to the operation thereof, shall be liable to compensate for the damages caused by the death or injury of the other person," and thus, the driver shall not be bound to do so. However, in the case of death or injury, the driver himself/herself is not negligent in paying due attention to the operation of the automobile, but there is no intentional or negligent act on the part of the victim or the third person other than the driver, and there was no defect or malfunction in the structure of the automobile.