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(영문) 서울남부지방법원 2016.05.24 2015가단244696
구상금
Text

1. The Defendants: (a) each Plaintiff KRW 38,969,140; and (b) as to Defendant A from October 3, 2015, the Defendants were to each Plaintiff on February 3, 2016.

Reasons

1. Facts of recognition;

A. On December 21, 2014, at around 06:10, Defendant A carried C with B car, and opened the Olympic Games, which is a motorway located in Gangnam-gu, Gangnam-gu, Seoul, along the same-lanes, from the intersection of Hannam-gu, to the intersection of Hannam-gu, the 4-lane of which was driven along the four-lanes from the intersection of Hannam-gu, Seoul, while he was driving along the four-lanes, Defendant A was able to properly operate the steering gear due to strokeing, and the part behind the stud part of the E-si vehicle parked in the right side of the said vehicle.

(hereinafter “instant accident”). (b)

Due to the accident of this case, C suffered a congratulation, etc.

C. By October 2, 2015, the Plaintiff paid KRW 63,969,140,00 as insurance money for the remaining damages, which obtained by deducting the amount equivalent to 20% of C’s fault ratio from the damages caused by the instant accident, pursuant to the non-life insurance contract entered into with C’s father.

(C) The fault ratio, and the damages suffered by C due to the instant accident are not disputed between the parties. (D)

The Plaintiff received KRW 25 million from Hyundai Marine Fire Insurance Co., Ltd., a liability insurer for the said car, as compensation for damages arising from the instant accident.

E. The Federation of the Korea Passenger Transport Business Association (hereinafter “Defendant Association”) is a mutual aid business entity with respect to taxi vehicles.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence No. 1 (including each number if there is a tentative number), the purport of the whole pleadings]

2. Determination

A. (1) Liability for damages arises. Defendant A, a driver of the car in question of Defendant A’s negligence, was negligent in failing to properly operate the steering gear due to driving stroke, and failing to perform his duty of strokeing. (2) The “safety zone” refers to the road indicated by safety signs or artificial structures similar thereto for the safety of pedestrians crossing the road, or vehicles and horses passing through.

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