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1. The Defendant’s KRW 75,756,606 and its related KRW 5% per annum from March 21, 2016 to February 20, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On March 21, 2016, at around 14:30, 2016, C driven a D Freight (hereinafter “Defendant Vehicle”) and proceeded to the direction of Seoul from the direction of the west-si to the intersection of the F Association located in E at the south-si: (a) in violation of the duty of electric traffic and the duty of safety driving, C was followed by a h car of G driving (hereinafter “Plaintiff”) parked in the front direction for signal signal at the front direction of the Defendant Vehicle.
(hereinafter “instant accident”). B.
The Plaintiff, who was on board the Plaintiff’s vehicle due to the instant accident, sustained injuries, such as climatic damage and cerebral typhe, etc.
C. The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid contract for the defendant vehicle.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 2 evidence (including each number, hereinafter the same shall apply) and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the above facts, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator of defendant vehicle.
B. The Defendant asserts that, at the time of the instant accident, the Plaintiff did not wear the safety belt, and that the number of passengers exceeds the number of the Plaintiff’s vehicle should be considered and thus, the Defendant’s liability should be limited. (ii) In full view of the purport of the entire arguments in the evidence duly admitted, the Plaintiff’s vehicle at the time of the instant accident is deemed to have been on board, but it is recognized that six persons exceeding the prescribed number of passengers (including five-year-old infants) were on board at the time of the instant accident, in light of the background of the instant accident, the composition of the number of passengers on board, and the degree
It is difficult to deem that the instant accident contributed to the occurrence or expansion of injury.
In addition, the fact that the plaintiff suffered injuries, such as climatic damage, etc., at the time of the accident.