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1. The Defendant’s KRW 47,430,250 for the Plaintiff and 5% per annum from December 20, 2015 to June 28, 2018.
Reasons
1. Basic facts
A. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement covering damage caused by traffic accidents related to operation with respect to B-si belonging to the Daedo Transportation Co., Ltd. (hereinafter “instant taxi”), which is a vehicle for the following accidents.
B. On December 20, 2015, at around 16:10 on December 20, 2015, C’s driver of the said company was driving the instant taxi and went through one-lane from the side of the arms plaza in Chuncheon-si, the Plaintiff, who was going to go to the top of the center line in front of Chuncheon-si D, and was trying to turn to the alley, to turn to the alley, thereby suffering from injury, such as pressure of the 1st century, by going to go to the fore part of the front part of the instant taxi, and going to the fore part of the instant taxi.
(hereinafter referred to as “instant accident”). / [Grounds for recognition] The facts that there is no dispute between the parties, Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the entire pleadings.
2. Whether liability for damages has arisen and the liability has been limited;
A. The accident of this case, based on the responsibility, is caused by negligence where a driver C attempted to turn to the left beyond the central line in violation of laws and regulations despite the duty to comply with traffic regulations and to safely take place in driving the taxi of this case. Thus, the defendant, who is a mutual aid business entity of this case, is liable to compensate the Plaintiff for damages caused by the accident of this case.
B. As to the Defendant’s claim on the limitation of liability, the Defendant did not only cause the instant accident to occur in pedestrian delivery, but also occurred in the access road to a runway through which vehicle traffic is possible, and the point where the instant accident occurred is in the form of intersection where the same level of the road is cross-sections on both sides, different from the accident site map stipulated in the evidence No. 1 (Traffic Accident Confirmation Board) and thus, safety from the vehicle entering the side road.