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(영문) 춘천지방법원원주지원 2016.09.22 2016가단33034
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff is a non-profit special public interest corporation that is established under the National Health Insurance Act and manages and operates the health insurance business.

The network B is the self-employed insured operated by the plaintiff.

Defendant A is a driver of a private taxi.

The Korean Federation of Private Passenger Taxi Transport Business (hereinafter “Defendant Federation”) is a corporation that has entered into a mutual aid agreement with Defendant A to bear liability for damages for traffic accidents that occur in the course of private taxi business.

B. At around 11:07 on June 13, 2013, the net B transferred bicycles to the direction of the direction of the road along the direction of the public direction on the road along which bicycles were loaded on the street in front of the short term elementary school located in the short term school located in the Dong-gu, Dong-si.

Defendant A driven the above taxi on the street above, and moved directly from the four-lane road in the direction of the public-private partnership road to the three-lane road in the direction of the river.

C. The network B was faced with the taxi operated by Defendant A while driving as above.

(hereinafter “instant accident”). D.

Due to the instant accident, the deceased died during the treatment in the Domine Dominwon Hospital.

E. Defendant A was negligent in neglecting his duty of safety when driving a vehicle as a private taxi driver, despite his duty of safety due care, such as preparing for an accident caused by unexpected access of other vehicles, including bicycles, and accurately operating the steering gear and brake system of the vehicle to prevent accidents. The instant accident was caused by Defendant A’s breach of duty of care.

F. Defendant A is liable for damages arising from tort against the network B, and the Defendant Federation is jointly and severally liable for damages suffered by the network B as a mutual aid business entity that entered into a mutual aid agreement with Defendant A.

G. The Plaintiff’s charges of KRW 72,328,990, out of the net B’s medical expenses.

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