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(영문) 대구지방법원 2016.06.01 2015가단121826
손해배상(자)
Text

1. The Defendant’s 45,883,619 won, Plaintiff B, and C respectively, and each of them from June 4, 2015.

Reasons

1. Occurrence of liability for damages;

A. (1) On June 4, 2015, D driving an Esi (hereinafter referred to as “Korea Coast Guard”) and driving along one lane from the four-lanes of the west-gu northwest-gu, Daegu, in order to board passengers, D changed the lane to the right side of the road in order to board passengers. On the same side, F’s erroneous part going into three-lanes of the west-gu, Seoul, caused an accident where F was taken back to the right side of the west-gu, and F was killed on June 8, 2015.

(2) F is the inheritor’s spouse A, Plaintiff B, and C.

(3) The Defendant is a mutual aid association which has concluded a mutual aid agreement for sea-going vehicles.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

B. The driver D has a duty of care to check the traffic situation of the front and rear left-down in order to prevent interference with the passage of other vehicles in changing the lane, but in violation of this duty, the driver caused the instant accident by changing the lane from the first lane to the edge of the road in an unreasonable manner without viewing that the driver F proceeds from driving on the front and rear left-hand side in violation of this duty.

Therefore, the defendant is liable to compensate for the damages suffered by the plaintiffs, who are the F and their bereaved family members due to the accident of this case as the mutual aid business operator of the household.

C. Considering the fact that the restricted responsibilities are taxi vehicles and the vehicle causes an accident while moving the lane from the four lanes to the two lanes in order to board passengers, the F seems to have been able to prevent the accident due to the reduction of speed by driving the lane change of the sea-going vehicle. Nevertheless, the F breached this duty of care.

Since the F's mistake also contributed to the occurrence and expansion of damages, it shall be considered in calculating the amount of damages.

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