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(영문) 서울중앙지방법원 2017.11.10 2016가단5087431
손해배상(자)
Text

1. As to Plaintiff A’s KRW 23,50,00, and KRW 22,00,000 to Plaintiff B, and each of the said money from April 14, 2015 to April 2017.

Reasons

1. Occurrence of liability for damages;

A. 1) On April 14, 2015, C is a D-ro taxi (hereinafter “Defendant vehicle”) around 13:25, 2015.

) A driver of Gangnam-gu, Seoul, by driving, driven the front night road of the Gangnam-gu, heading along one lane from the west-ro to the west-water basin on the side of the west-do 3-lane, and shocking the F crossing the said road to the port from the right side of the direction of the course to the front part of the Defendant vehicle (hereinafter “instant accident”).

2) 2) The instant accident led to the death of F with multiple trauma.

(F) The Plaintiffs are the deceased’s children, and the Defendant is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with the Defendant’s vehicle. 【The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 2, 6, and 7, the video and the purport of the entire pleadings No. 1-1 through No. 14.

B. According to the above facts, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the damages suffered by the plaintiffs, who are the deceased and their bereaved family members, as the mutual aid business operator of the Defendant’s vehicle, barring any special circumstances. 2) The Defendant at the time of the instant accident, the driver of the Defendant’s vehicle, at the time of the instant accident, was driving at a speed of 68 km below the speed limit, and the instant accident occurred at the location where a protective fence was installed to prevent unauthorized crossing, and the deceased was posted up up to a banner prohibiting unauthorized crossing, but the accident was caused by the instant accident. Thus, the driver of the Defendant’s vehicle, as the driver of the Defendant’s vehicle, could not be deemed to have a duty of care to ensure safe operation, and thus, the Defendant should be exempted from liability. (b) The main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that the Defendant is not negligent in relation to the instant accident.

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