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(영문) 부산지방법원 2021.03.31 2020나54159
손해배상(자)
Text

Of the judgment of the first instance, the part against the plaintiff corresponding to the amount of additional payment shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. At around 15:20 on February 6, 2016, C driven a D personal taxi (hereinafter “instant taxi”) owned by itself, and gets off passengers from the road bending to the port near the end point of 9,87, Seo-gu, Busan, Seo-gu, Busan (hereinafter “instant road”), and shocked the Plaintiff, who was walking in the direction of the instant taxi, at the bus stops at the right-hand place between the right-hand and right-hand turn, from the front part of the instant taxi (hereinafter “instant accident”) due to the instant accident.

3) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with C on the instant taxi.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, Gap evidence No. 3-1, Eul evidence Nos. 1 and 5, and the purport of the whole pleadings

B. The following circumstances, which can be acknowledged by comprehensively taking account of the facts acknowledged as above, Gap's evidence Nos. 1, 2, 6, Eul evidence Nos. 1, 5, and 6 (including numbers; hereinafter the same shall apply)'s statements, images, and the whole purport of arguments, are as follows: ① although a taxi driver has a duty of care to make a passenger get out of the taxi at the time of departure, he/she neglected his/her duty of care to keep the front door well at the time of leaving the taxi again, and it seems that the accident of this case started rapidly without being aware of the plaintiff coming from the front door; ② The accident of this case did not have any difficulty in securing the driver's front door at a low time (15:20) and there was no particular obstacle to the passenger's front door of the taxi of this case; ③ The place where the accident of this case occurred is wider than the road of this case; the place where pedestrians and pedestrians using the road of this case is located at the same time, but at the same time, pedestrians using the road of this case.

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