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(영문) 서울중앙지방법원 2017.11.08 2016가단5152106
구상금
Text

1. The Defendant’s KRW 53,580,000 and its amount shall be 5% per annum from April 29, 2016 to November 8, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to C private taxi owned by B (hereinafter “instant taxi”).

B. On January 16, 2015, around 04:22, B driven the instant taxi and led the instant taxi to turn to the left at a speed of about 30 km at the speed of 30 km depending on the one-lane of the three-lane road at the Han River-distance Intersection D located in the Hansan-si, Ansan-si.

C. At the time, the Defendant, while under the influence of alcohol content 0.098% on the opposite side, operated a number plate of more than 60 km per hour with a limited speed exceeding 0.09%, and directly go through the above three-distance intersection by straight-line signals, and in violation of the signal, the Defendant was shocked with the instant taxi and the left-hand turn-hand turn-hand turn-hand turn-over, and the victim E, who was on the rear left-hand of the said lebane, was determined as having died after being determined as a brain-dead by the above shock.

(hereinafter “instant accident”). D.

E’s surviving families filed a lawsuit against the Plaintiff in respect of the instant accident (Seoul Central District Court 2015Kadan5091747). The decision of recommending reconciliation was finalized that the Plaintiff paid KRW 350 million to the Plaintiff. Accordingly, on April 25, 2016, the Plaintiff paid KRW 350 million to the surviving families of E.

On April 28, 2016, the Plaintiff appointed an attorney-at-law in the lawsuit above, and paid the attorney-at-law fee of KRW 2,200,000.

[Reasons for Recognition] The descriptions of Gap evidence 1 to 28, Gap evidence 31 to 33 (including each number), and the purport of the whole pleadings

2. Determination:

A. It is reasonable to deem that the instant accident was caused by the negligence of violation of the signal signal of B, who is the instant taxi driver, and the negligence of excessive speed in the Defendant’s drinking condition. The B and the Defendant are liable for joint tort against the damage caused by the instant accident.

B. The taxi of this case.

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