1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Occurrence of liability for damages;

A. The facts of recognition (1) The Plaintiff is the owner and driver of D Oba (hereinafter “Plaintiff Oba”), and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with the E-si (hereinafter “Defendant taxi”).

(2) Around 7:40 on May 2, 2019, Plaintiff Obane stopped on 72 active service route in Jung-gu Seoul, Jung-gu, Seoul, and opened a door to Plaintiff Obaba (hereinafter “instant accident”). Around the overtaking of Defendant taxi, the Plaintiff suffered bodily injury, such as salt, tension, shoulder, and string of the arms, which require approximately two weeks of treatment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 and the purport of the whole pleadings

B. According to the above recognition of liability, since the accident of this case occurred while the defendant taxi driver while driving the defendant taxi, the defendant is liable to compensate for the damage suffered by the plaintiff, barring special circumstances.

C. The instant accident occurred by the Plaintiff and Defendant taxi drivers’ negligence in light of the following circumstances and circumstances, the background of the accident, and the degree of conflict, which can be acknowledged by comprehensively taking account of the purport of the entire arguments regarding the limitation of liability as a whole.

As such, the defendant's scope of liability is limited to 50%.

(1) The driver of any motor vehicle shall be prohibited from stopping or parking the motor vehicle at a place within 10 meters from the edge of a road crossing or crosswalk, and the driver of any motor vehicle shall not open the door of the motor vehicle or getting out of the motor vehicle without checking the safety, and shall take measures necessary to prevent his/her passengers from causing any danger to traffic.

Defendant taxi stops at a location close to the crosswalk in the direction of active service in the direction of active service, and stops at a location close to the crosswalk. If passengers open the door of the vehicle and get off the vehicle, they are around.