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(영문) 서울중앙지방법원 2016.01.12 2013가단42395

손해배상(자)

Text

1. The Defendant’s KRW 23,089,541 as well as the Plaintiff’s annual rate of 5% from March 29, 2009 to January 12, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant is Mine Unemployment Co., Ltd. and B-si for business use (hereinafter “Defendant taxi”).

(2) On March 29, 2009, C driving the Defendant taxi (Ma1) at around 14:28 on March 29, 2009, C followed two-lanes of the limited speed of 60km/h in front of the Seoul Seongbuk-gu Police University, using the speed of 60km/h in front of the Seoul Seongbuk-gu Police University along two-lanes of the speed of 3 lanes, in violation of the signal to the right by this reading center. On the other hand, C was driven by the Plaintiff, driving at a speed of not more than 20km/h of the direction of the Defendant taxi at a speed of not more than 20km in front of the direction of the Defendant taxi.

(hereinafter “instant accident”). At the time, at the time, the Plaintiff was stopped by signal signal lines on the two-lanes and three-lanes, but the Plaintiff was immediately going to change to the straight signal (in relation to whether the Plaintiff was proceeding along three-lanes, there is a dispute between each other as to whether the Plaintiff was proceeding using the crosswalks), and Defendant taxi, even if the signal signals, etc. were changed to the red signal signal at the intersection in the yellow new.

3) The Plaintiff suffered losses due to the instant accident, such as the volume and alley of the left side of the Plaintiff. [Grounds for recognition: Facts that there is no dispute, Gap evidence Nos. 1, 2, 22, 23, 24, Eul evidence No. 8, and the purport of the entire pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator.

C. Although limitation of liability was imposed on C’s fault going in a unreasonable manner by violating the signal, the Plaintiff, in light of the circumstances surrounding the instant accident, did not take into account the movement of another vehicle. Such error was caused by the occurrence of the instant accident and the expansion of damage, and thus, the Defendant’s liability is limited to 90%.

(10% of the Plaintiff’s fault ratio) 2. The attached Form shall be the same in addition to the following separate statements.