beta
Text
1. The Plaintiff (Counterclaim Defendant) paid KRW 2,176,745 to the Defendant (Counterclaim Plaintiff) and its related amount from August 3, 2011 to November 30, 2012.
Reasons
1. Occurrence of liability for damages;
A. On August 3, 2011, the basic facts C, which concluded a mutual aid agreement with the Plaintiff on August 14:3, 201, was stopped on the taxi platform, and did not find the Defendant boarding the cab while stopping on the cab platform, and the Defendant started driving on the back seat of the cab before he was left the cab, and suffered injury, such as scopical salt, scopical salt, scopic salt, scopical salt, and scoping straw, etc., left the cab platform.
(hereinafter referred to as the "accident of this case"): [The grounds for recognition: Facts without dispute, Gap 1, Gap 2, Eul 1 through Eul 4 (the evidence with virtual numbers include numbers), each entry of Gap 1, Gap 1 and Eul 4, and the purport of whole pleadings]
B. According to the facts of recognition as above, the accident of this case occurred in violation of C's duty to protect passengers by confirming whether C is passengers' getting on and off, and starting safely. Thus, the plaintiff who entered into a mutual aid agreement with respect to a piracy is liable to compensate for the damage suffered by the defendant due to the accident of this case.
C. The Plaintiff, as to offsetting negligence, did not recognize the Defendant’s boarding, the Defendant asserted that there was negligence by failing to take any measures, even though the Defendant should have known the Defendant’s boarding at the time of the departure of the sea-going vehicle, or by leaving the vehicle. However, the Plaintiff failed to take appropriate measures on the ground that the taxi engineer was not aware of the fact that the taxi driver was not aware of the passengers during the short period of time when the taxi was on board the taxi.
Therefore, the plaintiff's above assertion is without merit, since it is not a ground for offsetting negligence.
2. Calculation of damages;
A. The Defendant alleged that the instant case suffered positive damages of KRW 923,740, passive damages of KRW 2,824,185, and KRW 3 million, KRW 6,747,925.
(b).