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(영문) 대구지방법원 2020.01.21 2017가단29788
손해배상(자)
Text

1. The Defendant’s KRW 24,180,525 as well as the Plaintiff’s KRW 5% per annum from April 24, 2013 to January 21, 2020.

Reasons

1. Basic facts

A. On April 24, 2013, at around 11:00, C parked a G-business taxi owned by FF Co., Ltd. (hereinafter “instant L-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

(hereinafter “instant accident”). B.

The Plaintiff suffered injury, due to the instant accident, such as the structural frame of the pelvis-gu pelvis-gu, the pelvis-gu pelvis-gu, the pelvis-gu, the pelvis-in, the pelvis-out, the pelvis-out, the pelvis-out, the pelvis-out, the pelvis-out, the pelvis-in, the pelvis-in,

C. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the FF Co., Ltd. on the instant Maritime Vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 2-1, 2-2, Eul evidence 2-1 to 5, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the fact of recognition of liability, C, the driver of the instant sea-going vehicle, has been negligent in neglecting his duty to well look at the front and rear left of the vehicle when opening the door of the vehicle and caused the instant accident by negligence. Thus, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as the mutual aid business operator of the instant sea-going vehicle.

B. The limitation of liability is limited, however, even if the plaintiff was left behind a vehicle parked on the roadside where he was parked on board a bicycle, the plaintiff must keep a sufficient distance from the vehicle in preparation for the vehicle in order to get out of the road, and even though it is necessary to establish the fact that the accident in this case occurred due to the mistake that is too close to the vehicle, the plaintiff's mistake contributed to the occurrence of the accident in this case and the expansion of damages, and thus, the amount of damages that the defendant is liable to compensate.

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