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(영문) 대구지방법원 2017.09.07 2016나310334
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A ordering additional payment is revoked.

2. The defendant is the plaintiff.

Reasons

1. Facts of recognition;

A. On June 19, 2013, E driving a F taxi (hereinafter “instant taxi”) on or around 04:30, and changing the lane into one lane while driving into two lanes near the 197km point of the Gyeongcheon-si Port Busan, Kimcheon-si, Busan-do, Busan-do, Busan-do, at the 197km point, while the instant taxi becomes unsatisfed, conflicts with the central separation zone on the left side of the instant taxi, and conflicts over the said part in front of the left side of the instant taxi.

(hereinafter “instant accident”). (b)

Plaintiff

A, at the time of the instant accident, was on board the front line of the instant taxi and was being suck back with the chair completely, and was injured by an injury, such as an open frame of a copy of the inner part of the right-hand satisfaction, which requires approximately 12 weeks medical treatment due to the instant accident.

C. From July 25, 2013 to August 5, 2015, the Defendant paid KRW 37,355,010 for the medical expenses, etc. of Plaintiff A incurred from the instant accident (hereinafter “instant period payment”).

The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the instant taxi, and the Plaintiff B is the spouse, the Plaintiff C, and the Plaintiff’s children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8 (including each number, hereinafter the same shall apply), Eul evidence Nos. 1, 2, 3 and 6, and the purport of the whole pleadings

2. Determination on the occurrence of liability for damages

A. According to the fact of recognition as the ground for the liability for damages, the instant accident occurred due to the negligence of violating the duty of care to safely change the tea on the expressway with suck suckling off at the new wall time by E, a taxi driver of the instant taxi.

Therefore, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident in this case pursuant to Article 724 (2) of the Commercial Act as a mutual aid business operator of the taxi in this case.

(b) determine the amount of damages in tort 1 tort liability limitation.

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