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(영문) 서울중앙지방법원 2019.11.28 2017가단5052890
손해배상(자)
Text

1. The Defendant’s KRW 178,187,404 as well as 5% per annum from September 21, 2015 to November 28, 2019 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) On September 21, 2015, C is a D taxi vehicle (hereinafter “Defendant vehicle”) around 02:51 on September 21, 2015.

) A driving of the Plaintiff, while proceeding two lanes in front of Songpa-gu Seoul E-do (excluding bus exclusive lanes) and making the left turn to the right turn on the right turn signal at the intersection of the radio wave distance, the front part of the Plaintiff’s truck driver’s freight in front of the right turn of the Defendant’s vehicle was shocked (hereinafter “instant accident”).

2) Due to the instant accident, the Plaintiff sustained the injury, such as the left-hand pelke, the upper-hand pelke and the left-hand pelke, the left-hand pelke and the left-hand pelke, the high-hand pelke and the right-hand pelke, the right-hand pelke and the open-up pelke, etc.

3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle. 【Ground for recognition's absence of dispute, Gap's 1 to 5 evidence, Eul's 1 (including virtual numbers, and the purport of all entries, images, and pleadings)

B. According to the above fact of recognition of liability, the plaintiff sustained an injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as the mutual aid business operator of the defendant vehicle.

C. The limitation of liability, however, should have entered the intersection by observing the speed and taking into account the surrounding circumstances, such as the right and the right and the right and the right and the right and the speed of the Plaintiff had been well observed, but the Defendant’s vehicle had not entered the intersection and had not been avoided even if the Defendant’s vehicle had entered the intersection and had been at the left and left at the same time, and the Plaintiff’s error contributed to the occurrence of the instant accident and the expansion of damages. As such, it should be considered in calculating the amount of damages to be compensated by the Defendant at night, the instant accident occurred at night, and the Defendant’s driver’s signal.

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