손해배상
1. Of the instant lawsuits, the suit shall be dismissed regarding KRW 2,088,710 of the costs for physical examination.
2. The defendant shall pay to the plaintiff KRW 5,983,781.
1. Occurrence of liability for damages;
A. On August 23, 2011, B: (a) around 15:30, August 23, 2011, B had the D Company E in front of the D Company located in Jung-gu Seoul Metropolitan Government (hereinafter “Defendant Vehicle”).
2) The Plaintiff, while driving the Plaintiff’s truck and unloading the paper string while getting off the string which was loaded on the Plaintiff’s truck, sustained the Plaintiff’s injury, such as the 3st century emission frame, while the paper string, which was loaded on the said truck. (hereinafter “instant accident”).
2) B is an employee of the Defendant.
[Ground of recognition] Facts without dispute, Gap 3 through 5, 11 evidence, Eul 2 and 3 evidence (including each number), video, witness Eul's witness Eul's testimony, the purport of the whole pleadings
B. According to the above recognition and limitation 1), the accident in this case occurred due to negligence, such as the driver of the Defendant’s vehicle, and thus, the Defendant, the user in this case, is liable to compensate for the damages suffered by the Plaintiff due to the accident in this case. However, even though the Plaintiff, as the Plaintiff, knew that he was in the work of loading and unloading the paper stuff, he should have been able to ensure the safety of himself, such as waiting at a safe place, even if he had been aware that he was in the work of loading and unloading the paper stuff, he was in the radius where the paper stuff fell, so the Plaintiff’s negligence is considered.
Considering the relationship between the Plaintiff and the Defendant, the field situation at the time of the instant accident, the background of the instant accident, the degree of the Plaintiff’s duty of care, etc., it is reasonable to view the Plaintiff’s negligence as 25%.
Therefore, the defendant's liability is limited to 75%.
2. Except as otherwise stated below within the scope of liability for damages, each corresponding item of the attached Table of Calculation of Compensation Amount.
In principle, the period for the convenience of the calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded.
The current value calculation at the time of the accident shall be deducted from the interest rate of 5/12 per month.