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(영문) 대구지방법원 2017.01.11 2015가단120397
손해배상(자)
Text

1. The Defendant’s KRW 11,39,300 as well as 5% per annum from November 24, 2014 to January 11, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B: (a) around 19:05 on November 22, 2014, while driving C cab and driving on the road located in the Busan Northern-dong into the jurisdiction of the Gyeongbuk-do University located in the area of the port-distance distance. On the other hand, the Plaintiff, while driving the Yatob and driving on the right side of the Yab and driving on the Yab, caused injury to the right side, such as cutting off inside the Yaf Franc pipe (in other cases, the string between the Yab and the string, i.e., the string), cutting off of the 4th ridge, and the middle string of the Yabridge.

(2) The Defendant is an insurer who has concluded a mutual aid contract with the above taxi driver.

(hereinafter referred to as “Defendant taxi”). [Ground of recognition] The fact that there is no dispute over Party A’s taxi, each entry or video of Party A’s evidence Nos. 3, 5, and 9 (including each number; hereinafter the same shall apply), and the result of appraiser D’s appraisal, the purport of the entire pleadings.

B. Although a taxi driver, who is a taxi driver on the board, had a duty of care to take safety measures, such as checking whether the taxi driver did not get off the taxi through the rear police station, and giving attention to the passengers, as well as taking such measures, B did not take such measures and caused the instant accident by negligence that caused passengers to open the taxi door and get off the taxi, thereby causing injury to the Plaintiff, so the Defendant, the insurer, is liable to compensate the Plaintiff for damages incurred therefrom.

C. Limit of liability: (a) the Plaintiff, even a stopping taxi, has the duty of care to anticipate that passengers can be deprived of, and to prevent accidents in advance, was negligent in proceeding to the right-hand side of the Defendant vehicle while neglecting the duty of care; and (b) contributed to the occurrence and expansion of such errors; (c) thus, it shall be considered in calculating the amount of damages, taking into account the Plaintiff’s fault ratio into account various circumstances revealed in the pleading, and the Defendant’s liability for damages is 70%.

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