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(영문) 서울중앙지방법원 2016.12.16 2016가단5146521
손해배상(자)
Text

1. The Defendant’s KRW 12,728,747 as well as the Plaintiff’s annual rate from October 2, 2014 to December 16, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are as follows: (a) around 19:40 on October 2, 2014; (b) around 19:40 on an individual taxi (hereinafter “Defendant vehicle”).

A) A taxi driver, driving on the Seocho-gu Seoul Metropolitan City Seocheon-ro, was stopped to get off passengers on the back seat in Seoul Meart. A taxi driver has a duty of care to take measures for safety, such as checking whether a taxi passenger was off or not, and giving attention to the passenger, etc. When intending to get off the taxi, the taxi driver has a duty of care to take measures for safety. B without taking such safety measures as above, caused a passenger to open the back door on the right side of the taxi, and caused the Plaintiff’s driver, who was going on the right side of the taxi (hereinafter “the instant accident”). B, without taking such safety measures, caused the passenger to shock the Plaintiff’s driver’s malfunction, who was going on the back on the right side of the taxi (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered from the injury of the part of the upper left part of the 3rd part of the upper part, the left part of the 4th part of the 4th part of the upper part.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle. The Defendant is liable to compensate the Plaintiff for damages arising from the instant accident as a mutual aid business entity for the Defendant’s vehicle. However, the limitation of liability is limited: (a) although the Plaintiff, even a parked taxi, has a duty of care to anticipate that the Plaintiff may be deprived of the Plaintiff at any time, has been negligent in driving on the right side of the Defendant vehicle while neglecting an accident in advance; and (b) has contributed to the occurrence and expansion of damages, it shall be considered in calculating damages; (c) in light of the various circumstances revealed in the pleading, the Plaintiff’s fault ratio shall be deemed 30%, and the Defendant’s liability for damages shall be limited to 70%, in consideration of the various circumstances indicated in the pleading. [Grounds for recognition] There is no dispute; (d) evidence No. 4-6, and evidence No. 2

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