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(영문) 서울중앙지방법원 2021.02.17 2020나20400
손해배상(자)
Text

1. The judgment of the first instance, including the Plaintiff’s claim added by this court, shall be modified as follows:

(a)..

Reasons

1. Occurrence of liability for damages;

A. A. Around October 21, 2015, around 07:15, 2015, D operated EK5 si (hereinafter “Defendant taxi”) and took two-lanes of the two-lane road in the upper part of the 2nd line of Ansan-si, Ansan-si, Ansan-si, G school, the joint Plaintiff at the first instance court, who opened the road on the right side from the left side of the Defendant taxi proceeding, was unable to avoid the road and shocked to the left side of the Defendant taxi (hereinafter “the instant accident”), and the joint Plaintiff A concluded a mutual aid agreement in front of the Defendant taxi left side of the Defendant taxi (hereinafter “the instant accident”). The Plaintiff was under the mutual aid agreement in the first instance court’s first instance court’s medical treatment of the deceased, i.e., e., e., e., e., e., e., g., e., e., e., e., g., e., palop and e.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 3, 8, 28, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

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

(c)

The Defendant asserts that Defendant taxi driver could not discover the Deceased due to the RV vehicle in the first lane at the time of the instant accident, and that the Deceased could not voluntarily appear on the second lane in which Defendant taxi driver was running, and that the percentage of the Deceased’s fault should be increased.

The following circumstances, i.e., Defendant taxi, which are acknowledged by adding the above evidence and the purport of the whole arguments.

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