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1. The Defendant’s KRW 261,022,187 as well as the Plaintiff’s annual rate from December 12, 2016 to February 9, 2018.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition 1) B are: (a) around 00:26 December 12, 2016, C4.5 tons of cargo vehicles (hereinafter “Defendant vehicle”)
(ii) DK5-si (hereinafter referred to as “damage-free taxi”) located four-lanes in each of the four-lanes by driving the fishery market and driving the road in front of the fishery market in accordance with the Dongjak-gu Seoul Metropolitan Government Nowon Noise and Vibration Olympic Games at a locking room with four-lanes of the Kimpo Airport.
) The driver E and passenger F of the damaged taxi who stopped and replaced the back wheeler with the back wheeler was shocked with the front part of the Defendant vehicle (hereinafter “instant accident”).
(2) The F died due to the instant accident.
(hereinafter “F”. 3 The Plaintiff is the only heir as the external third village of the Deceased, and the Defendant is the mutual aid contractor who entered into a mutual aid agreement with respect to the Defendant’s vehicle.
B. According to the facts of recognition of liability, the defendant is liable to compensate the damage suffered by the deceased and his bereaved family as a mutual aid business operator of the defendant vehicle.
C. The Deceased is negligent in neglecting his/her duty to take safety measures in advance, such as demanding safety measures in advance to the injured taxi drivers, and paying attention to the vehicle driving, on the motorway where the passage of vehicles is frequent at night. Since the Deceased’s negligence was caused by the occurrence of the instant accident and the expansion of damage, it should be taken into account in determining the scope of the Defendant’s responsibility.
On the other hand, however, in the situation that a taxi stops on a motorway due to an active flag, marking of a broken-down vehicle shall not cause damage to the following vehicle, and taking measures to ensure the safe waiting of the taxi driver is the responsibility of the taxi driver, considering the fact that the taxi is the responsibility of the taxi driver, the percentage of negligence on the deceased shall be 10% and the defendant shall be regarded as