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(영문) 서울중앙지방법원 2018.05.11 2018가단5008395
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 17,610,620 for each of the said KRW 17,610,620 for each of the said KRW 29,165,930, Plaintiff B, C, and D and each of the said KRW.

Reasons

1. Occurrence of liability for damages;

A. 1) E is the F taxi (hereinafter “Defendant taxi”) around November 18:53, 2017, around November 3, 2017.

) When the Cheongdo 3rd parallel in Jongno-gu Seoul, Jongno-ro 128 is the intersection, the Cheongdo 3 was the front part of the Defendant taxi (hereinafter referred to as the “instant accident”) while the Cheongdo 3 was pushed down in front of the direction while the Cheongdo 2 was going to the left at two-lanes from the intersection to the intersection, and the Cheongdo 3 was pushed down in front of the direction.

2) G died due to the instant accident, etc.

(3) The Plaintiff’s wife, Plaintiff B, C, and D are the deceased’s children, and the Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant taxi. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant taxi. The fact that there is no dispute over the grounds for recognition, and the purport of the entire arguments and arguments.

B. According to the above recognition of liability, as the deceased died due to the operation of the defendant taxi, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the defendant taxi, barring special circumstances.

C. The limitation of liability is limited, however, in a case where the decedent, as the deceased, has pushed the fingers according to the road through which the vehicle is traveling at night, even if the fingers fall under the “vehicles” under the Road Traffic Act, but the speed of the fingers falls considerably low compared to other vehicles, and thus the risk of the accident is high, so the vehicle behind the fingers, such as attaching the identification device such as the rear light and reflectors, etc. on the fingers, shall take measures so that it can be identified by themselves, and even if they have the duty to prevent the occurrence of the accident by driving the vehicle by using the edge of the road as much as possible, without taking such measures as above, there was an error between the fingers and the two-lanes of the road, without taking such measures as above. Since such error was caused by the occurrence of the instant accident and the expansion of the damage, the damage amount to be compensated by the Defendant.

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