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(영문) 서울중앙지방법원 2020.01.16 2018나85114
손해배상(자)
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

(b) the primary claim;

Reasons

1. The grounds for this part of the claim for damages are as stated in the corresponding part of the judgment of the first instance except for the corresponding part as follows. Thus, this part of the claim is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Attachment-gu] The Seoul Central Track Expressway in the 2nd 14th 2nd 14th jun of the judgment of the court of first instance is moving to the Seoul Central Track Circulation Expressway.

On the third side of the judgment of the first instance court, the plaintiff is the mother of the deceased, and the part "the plaintiff is the mother of the deceased, and I is the father of the deceased, and the father of the deceased."

The third 10-19 of the judgment of the court of first instance is as follows.

C. The limitation of liability (1) even if a driver was accompanied by a vehicle without compensation, such fact alone cannot be deemed as having a duty of care to urge the driver to ensure safe operation (see, e.g., Supreme Court Decision 94Da32917, Nov. 25, 1994); and the driver of the vehicle is to drive the vehicle with a significantly brupted driving.

Unless there are special circumstances, such as that a passenger could have known that the danger of an accident is likely to a considerable extent due to the occurrence of an accident, the driver cannot be deemed to have a duty of care to urge the driver to ensure safe operation.

(see, e.g., Supreme Court Decision 94Da15332, Sept. 13, 1994). Meanwhile, the establishment of a joint tort does not require the common intent or common recognition among the joint tortfeasors, and there is sufficient common nature related to each act objectively. Thus, if damages were incurred by the relevant joint act, liability for damages cannot be exempted, and joint tort liability is not individually seeking damages from each act of the tortfeasors, but pursuing liability for the joint tort jointly committed by the tortfeasors. Thus, if the court offsets the negligence on the part of the victim's negligence, the victim is not liable for damages.

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