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1. The Defendant’s KRW 117,921,903 for the Plaintiff and 5% per annum from November 25, 2014 to September 3, 2015.
Reasons
1. Occurrence of liability for damages;
A. In fact, around 02:06 on November 21, 2012, B driving a taxi for business use, which is owned by the Majin Transportation Co., Ltd., and leaving the 26ccinal-dong, Jung-gu, Seoul, Jung-gu, Seoul, through the 4rd-ro of the mar-ro of the 26ccinal-ro, leaving the maid financial resources from the intersection to the intersection, and shocked the cccinal financial resources from the front part of the taxi (hereinafter “the instant accident”). Accordingly, the Plaintiff, a taxi passenger, sustained the injury, such as the left-hand sprink.
(A) The defendant is a mutual aid business entity that has entered into a mutual aid agreement with the taxi driver B. The defendant is a mutual aid business entity that has entered into a mutual aid agreement with the taxi driven by B.
[Evidence] The entry of Gap evidence Nos. 2 through 5 and the purport of the whole pleadings
B. According to the facts found as above, the Defendant is liable for compensating the Plaintiff for damages incurred by the instant accident, given that B while driving a taxi and causing the instant accident to the Plaintiff, who is a taxi passenger.
The defendant asserts that the accident of this case is not caused by negligence of taxi driver B, but caused by sudden acceleration, which is force majeure, and thus, the defendant is not responsible for compensating for damages caused by the accident of this case. However, Article 3 of the Guarantee of Automobile Accident Compensation Act provides that a person who operates an automobile for his own sake is liable for compensating for damages caused by his/her operation when he/she has killed or injured another person due to his/her death or injury, and subparagraph 2 of the proviso provides that in cases of death or injury of the passenger, he/she shall not be liable only when the death or injury was caused by his/her intentional act or suicide. Thus, in cases of death or injury of the passenger due to an automobile accident, the operator shall not be held liable for the death or injury of the passenger unless he/she proves that the death or injury of the passenger was caused by his