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(영문) 전주지방법원 2016.11.24 2016나21
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Establishment of liability for damages;

A. 1) The Plaintiff is a limited partnership company established for the purpose of running the taxi transport business, and is called B taxi (hereinafter “Plaintiff taxi”).

On October 2, 2014, the Defendant was employed by the Plaintiff and served as a taxi engineer. 2) On October 17, 2014, the Defendant caused a traffic accident (hereinafter “instant traffic accident”). Around October 2, 2014, the Defendant, while driving the Plaintiff taxi, engaged in a traffic accident by towing C vehicles and D vehicles in the signal atmosphere in violation of the signal from the long distance. Accordingly, the Plaintiff paid KRW 200,000 of the Plaintiff’s share of self-payment for personal and substitute accidents to the former mutual aid association district of the Federation of Passenger Transport Business Association.

3) When the repair cost of the Plaintiff taxi due to the instant traffic accident was anticipated to be borne by KRW 10,177,066, and the remaining value of the vehicle was exceeded, the Plaintiff was scrapped on October 4, 2014. [Grounds for Recognition] A, A, 6, 12, 17, and 17 (including household numbers; hereinafter the same shall apply) without dispute.

each entry, video, and the purport of the whole oral proceedings

B. According to Article 61(1) of the Rules of Employment (Evidence A7) concluded between the Plaintiff and his/her employees, in cases where an employee or driver of the Plaintiff inflicts a loss on the company due to gross negligence, he/she shall be liable to compensate for the loss within the extent of

The fact that the Defendant violated the signal and caused the instant traffic accident is as seen earlier.

Therefore, the instant traffic accident is an accident caused by gross negligence in violation of the signals under Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the instant traffic accident.

2. Scope of liability for damages

A. Part of the self-charges 200,000 won (i.e., a personal accident of KRW 100,000,000) (Evidence 3-1)

B. Part 44,200 won = 444,200 temporary disability compensation per day.

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