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(영문) 서울동부지방법원 2018.02.09 2017나25354
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants ordering payment in excess of the amount ordered below.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established with a person holding a private taxi transportation business license in Seoul Special Metropolitan City as its members, and is conducting the business of compensating for the damages and losses (referring to a personal body accident) caused by an accident during the period of possession, use, and management of the vehicle by the ordinary members.

B. B is the owner of a private taxi (hereinafter “Plaintiff taxi”) and is the Plaintiff’s member of the Plaintiff’s association.

C. Defendant A is the driver of the D-car (hereinafter “Defendant vehicle”), and Defendant E-Tech Co., Ltd. (hereinafter “Defendant Company”) is the owner of the Defendant vehicle.

On July 14, 2016, the Plaintiff paid a total of KRW 15,010,000 by subrogation to a car maintenance business entity that repaired Plaintiff taxi as follows.

On June 7, 2016, the date and time of the accident: around 00:18, the area of the accident: 181 Han new apartment-distance accident at the Seo-gu, Seo-gu, Seo-gu, Sungnam-si: Defendant vehicle, which is located in 181, Seo-gu, Seo-gu, Seo-gu, Sungnam-si, is driving at a speed of 60 km from 4 lanes to west-gu, from the west-gu, the distance between the two-lanes, and tried to change the vehicle at three lanes in order to avoid the Plaintiff taxi parked at the 4-lane in the front direction, but it is proceeding at the 3-lane, and the back part of the Plaintiff taxi was received as the front driver's part of the vehicle (hereinafter referred to as the "accident in this case"), and the part of the E-car that continuously stops in the front section of the Plaintiff taxi with the rear part of the E-car that was driven in the front section of the Defendant taxi.

(hereinafter referred to as “the follow-up accident of this case”). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 through 5 (including Serial Nos. 1) and the purport of the whole pleadings

2. Determination.

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