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(영문) 서울중앙지방법원 2015.05.14 2014나61585
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a damage compensation mutual aid agreement with Samsung Passenger Co., Ltd. (hereinafter “Plaintiff bus”), and the Defendant is the owner of C cab at the time of the following accident (hereinafter “Defendant cab”).

B. On April 17, 2012, Co-Defendant A of the first instance trial: (a) driven the Defendant taxi on April 21:45, 201; (b) stopped immediately while one of the five-lanes in the five-lanes in front of Seoul Gangnam-gu, Seoul, with no particular obstacle to the progress while driving in the shooting distance of the new station, from the area of the five-lanes of the five-lanes in active service; and (c) thereafter, the Plaintiff bus driver D driven the first lane in order to avoid a collision with the Defendant taxi; (d) however, the Plaintiff bus driver drivened the first lane in order to avoid a collision with the Defendant taxi; (b) caused an accident of shocking the rear part of the Plaintiff bus by the front part of the Plaintiff bus. Accordingly, the passenger E, F, G, H, I, I, and J injured, who was on board the Plaintiff bus.

(hereinafter “instant accident”).

C. By October 4, 2012, the Plaintiff, as a mutual aid business entity of Plaintiff bus, paid KRW 13,589,430 in total to six members, including Plaintiff bus E, in the name of the medical expenses and the amount agreed upon due to the instant accident.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 10 (including each number), Eul evidence 1 to 1, Eul evidence 2-1 to 4, and the purport of the whole pleadings

2. According to the above findings of the determination on the cause of the claim, the accident of this case is deemed to have been caused by the whole negligence of the defendant cab driver A, who was a sudden passenger, even though there was no particular obstacle to traffic flow. Thus, the defendant as the owner of the defendant cab is liable to compensate the victims for the total amount of damages as the operator of the cab under the Automobile Accident Compensation Guarantee Act. The defendant paid damages to the victims in accordance with the mutual aid agreement with Samsung Passenger Co., Ltd.

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