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(영문) 서울중앙지방법원 2020.08.13 2020나8561
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant is C-si (hereinafter “Defendant-si”) and Defendant-si

(2) Around 07:50 on June 1, 2016, D operated Defendant taxi and stopped in order to get passengers to board and alight from the road while driving in four lanes as prescribed in front of the building in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and the Plaintiff boarding the bicycle on the right side of Defendant taxi was faced with the vehicle (hereinafter “instant accident”).

3) The Plaintiff sustained injuries, such as the front parts of both sides of the front parts and the inner part of the inner part of the instant accident, the malute and the malphal wave in the inner part. 4) The Defendant spent KRW 3,437,200 as the Plaintiff’s medical expenses, etc. from July 15, 2016 to June 29, 2018.

[Ground of recognition] A without any dispute, entry and video of Gap's evidence 3 through 5, Eul's evidence 2 and 3 (including each number), inquiry and reply to the chief of Seoul Eastern Police Station of the court of first instance, the purport of the whole pleadings

B. According to the above recognition of liability, since the accident of this case occurred while the defendant taxi operation, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as the mutual aid business operator of defendant taxi, barring special circumstances.

C. In light of the following circumstances that can be acknowledged by comprehensively taking account of the purport of the entire arguments, the background of the accident, the conflict, and the degree of the above evidence, it is reasonable to view that the accident in this case occurred by the negligence of the plaintiff and the defendant taxi driver, and among them, the plaintiff's fault ratio is 50% in total. Therefore, the defendant's scope of liability is limited to 50% in consideration

(1) No driver of any motor vehicle shall open the door of the motor vehicle or get off the motor vehicle without verifying the safety of the motor vehicle or shall take measures necessary to prevent his/her passengers from causing any danger to traffic.

(2)

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