(영문) 서울중앙지방법원 2020.06.24 2018가단5193811

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(영문) 서울중앙지방법원 2020.06.24 2018가단5193811

손해배상(자)

Text

1. The Defendant’s KRW 54,024,398 as well as the Plaintiff’s annual rate of 5% from December 21, 2016 to June 24, 2020.

Reasons

1. Occurrence of liability for damages;

A. On December 21, 2016, around 20:55 on December 21, 2016, the fact that Nonparty C driven a D cab (hereinafter “Defendant”) around the 31st month in Young-gu, Young-gu, Gangwon-gu, Seoul Special Metropolitan City, also shocked the Plaintiff near the center line of the crosswalk, and that the Plaintiff, who was transferred to the Plaintiff, was under the influence of E passenger cars (hereinafter “the instant accident”); the Plaintiff was subject to the closure dives of the catus (hereinafter “the instant accident”); the fact that the Plaintiff entered into a mutual aid agreement on the Defendant’s vehicle, as a mutual aid business entity, is not disputed between the parties, or is recognized by comprehensively taking account of the overall purport of arguments as stated in the evidence No. 1, No. 5-1, and No. 1-4 of evidence No. 1 and No. 1-4.

B. According to the above facts of recognition of the liability, the plaintiff sustained an injury due to the operation of the defendant's vehicle, and the defendant, who is a mutual aid business entity, is liable to compensate the plaintiff for the damages caused by the accident in this case, barr

As to this, the defendant asserts that the accident of this case occurred due to the plaintiff's total negligence and the defendant should be exempted from liability.

In principle, the main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "When a person who operates an automobile for his/her own sake dies or has injured another person due to the operation thereof, he/she shall be liable to compensate for the damages caused by the death or injury of the other person shall be held liable to do so." However, in cases where a person who is not a passenger dies or has injured, he/she shall not be negligent in paying due attention to the operation of the automobile, but shall be liable to compensate for the damages caused by his/her intentional or negligent act on the part of the person himself/herself or any third person other than the driver, and it is proved that there was no defect

참조조문

-자동차손해배상 보장법 제3조

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