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(영문) 서울중앙지방법원 2017.09.07 2015가단5305507
손해배상(자)
Text

1. The Defendants jointly share KRW 136,225,520 to Plaintiff A, and KRW 133,567,540 to Plaintiff B, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. (1) On May 25, 2015, E, driving a Fsi (hereinafter “Defendant taxi”) at around 01:17, and driving a fsi, Seo-dong, Seo-gu, Seo-gu, Seo-gu, Daejeon at the intersection (hereinafter “instant intersection”) at approximately 100 km (60 km speed at a speed of 100 km (60 km at a speed of speed of restriction) between the two-lane in the direction of the Han field intersection in the direction of the Han field major intersection in the direction of the Han field (hereinafter “instant intersection”). On the other hand, in violation of the signal from the right side of the Defendant taxi driving direction to the intersection of this case on three-lane two-lanes of the H (14 years old at the time of the accident) driving the Haba (hereinafter “Defendant Oba”) at the port side of the left side of the Haba (hereinafter “Defendant Oba”).

(2) On June 20, 2015, when the instant accident occurred, I, who was on the back seat of Defendant Otoba, died at the Nanba Hospital on June 20, 2015.

(3) Defendant taxi driver E was prosecuted for the instant accident, but was pronounced not guilty on the ground that the prosecutor’s proof of proximate causal relationship exists between the speed and the occurrence of the instant accident was insufficient. Defendant taxi driver’s appeal was dismissed, but the said judgment became final and conclusive.

The Daejeon District Court (Seoul District Court Decision 2015Da2861 Decided September 7, 2016, and the same court (Supreme Court Decision 2016No2500 Decided April 2, 2017). (3) The Plaintiffs are the parents of I, and the Defendant Korea Passenger Transport Business Association (hereinafter “Defendant Federation”) is the mutual aid business entity, Defendant C, and D, who entered into a mutual aid agreement with respect to Defendant taxi.

B. (1) According to the fact of recognition of the responsibility of the Defendant Association, as the deceased died due to the operation of the Defendant taxi, the Defendant Association is liable for damages suffered by the Plaintiffs, who are the deceased and their bereaved families, as the mutual aid business entity of the Defendant taxi, barring special circumstances.

As to this, the defendant.

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