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(영문) 서울중앙지방법원 2018.02.02 2016나7141
손해배상(자)
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. On June 30, 2012, B driven a taxi on June 1, 201:25 C si (hereinafter “Defendant 1”) and proceeds from two-lanes in front of the criminal distribution tunnel located in 24-9, Gan-dong, Gan-dong, Gan-dong, in the water wing-do, into the water wing-dong, along the two-lanes, and tried to depart from the said road while driving a vehicle again while he stopped from the Plaintiff who was boarding the said road. At that time, D driven a vehicle from the front side of Defendant 1 (hereinafter “Defendant 2”), and shocked the back part of Defendant 1’s vehicle.

At the time, the Plaintiff was on board the back seat of Defendant 1’s vehicle due to the above accident, resulting in injury, such as blood transfusion, cerebralop, salute, and salute of the backhead.

The defendant federation is a mutual aid company that has entered into a motor vehicle mutual aid contract for the defendant 1, and the defendant company is an insurer that has entered into a motor vehicle insurance contract for the defendant 2.

[Grounds for recognition] Class A, Nos. 2, 3, and 15 (including branch numbers for those with branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the occurrence of liability for damages and the fact of recognition of restriction, B is negligent in driving the Defendant 2’s vehicle again after stopping the vehicle on the road that is difficult to expect the vehicle to move behind or stop without properly examining the rear at night, and it is difficult to expect that the vehicle will move behind or stop. D is negligent in driving the Defendant 2 vehicle without properly examining the front door of drunk, and is negligent in driving the vehicle. Such negligence concurrently contributes to the occurrence of the instant accident and the expansion of damages, and thus, the Defendants jointly are liable to compensate the Plaintiff for the damages caused by the instant accident.

However, the plaintiff was on board the back seat of defendant 1 without wearing safety belts, and further, the plaintiff was on the wind referred to as "B must have gone away from the narrow path" to the taxi driver B.

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