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(영문) 서울중앙지방법원 2016.06.02 2015나40028
손해배상(자)
Text

1. The part of the Plaintiff A’s claim in the judgment of the court of first instance against the Defendants exceeding the amount ordered to be paid under the following.

Reasons

1. Facts of recognition;

A. Defendant Hoh Transport Co., Ltd. (hereinafter referred to as “Defendant Hoh Transport”) is the owner of the vehicle C (hereinafter “Defendant Motor Vehicle”). The Korea Federation of Passenger Transport Business Association (hereinafter “Defendant Federation”) is the mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to the Defendant Motor Vehicle, and Plaintiff B is the spouse of Plaintiff A.

B. At around 23:10 on February 21, 2013, D driving the Defendant vehicle, and proceeding from the upper sloping plane to the upper sloping plane at the intersection of Seongdong-gu, Seoul Metropolitan Government, the front part of the Plaintiff’s private taxi (hereinafter “Plaintiff”), who was directly engaged in under the new name, was shocked by the front part of the Plaintiff’s private taxi (hereinafter “Plaintiff’s vehicle”) on the right side of the Defendant vehicle.

(hereinafter “instant accident”). C.

Plaintiff

A, on February 22, 2013, due to the instant accident, was diagnosed as brain dead, crypine and tensions, salted cryp, and tensions, and was hospitalized for seven days at a National Assembly member of the National Assembly for about two weeks.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, 8, 11, Eul evidence No. 1 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above fact of recognition of the liability for damages, the error of Defendant 1, who caused the Plaintiff’s vehicle directly engaged in pursuant to the new subparagraph, appears to have caused the instant accident, and thus, the Defendants jointly and severally are liable to compensate the Plaintiffs for the damages incurred by the Plaintiffs due to the instant accident.

However, the following circumstances, which can be known through the overall purport of each description and pleading of evidence Nos. 1 and 3, are, that is, when based on the accident site map, the side part of the plaintiff's vehicle and the front part of the defendant's vehicle were shocked, and the plaintiff's vehicle first enters the intersection and proceeds to a certain extent.

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