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(영문) 창원지방법원 진주지원 2021.02.17 2019가단31913

손해배상(자)

Text

Defendant KRW 6,493,085, and KRW 1,00,000 to Plaintiff B, respectively, and KRW 500,000 to Plaintiff C and D., respectively.

Reasons

1. Occurrence of liability for damages;

A. At around 17:10 on September 3, 2018, F, as a driver of G-type taxi (hereinafter “Defendant vehicle”), driven the Defendant vehicle, and driven the Defendant vehicle in front of the I association located in H at the time of J in the direction of the personnel plaza in the direction of the staff plaza at the time of Jinju, followed the Plaintiff Company A, who was crossinged the crosswalk due to the mistake that did not look at the front side of the crosswalk (hereinafter “the instant accident”), and due to the impact, the Plaintiff A suffered from the injury of the external shock of the Y-type signboard.

2) Plaintiff A’s husband, Plaintiff C, and D are children of Plaintiff A, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle.

[Grounds for Recognition] Unsatisfy, Gap evidence of No. 1 to 5, Eul evidence of No. 1 to 1 (including branch numbers), the purport of the whole pleadings

B. According to the above recognition of liability, the Defendant is liable for compensating the Plaintiffs for damages caused by the instant accident as the mutual aid business operator of the Defendant’s vehicle, barring any special circumstance, as the Plaintiff sustained the injury due to the operation of the Defendant’s vehicle.

2. Except as otherwise stated below within the scope of the liability for damages, each item of the Schedule for Calculation of Compensation Amount for Damage shall be the same as the corresponding item, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be governed by the discount law that deducts the interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 2, and the result of the court’s commission of physical appraisal to the J Hospital Head of this Court, the result of the court’s order to submit documents to the Busan Regional Headquarters of the National Health Insurance Corporation, which was significant facts in this court, experience, and the purport of the whole argument

A. Personal information 1) Personal information: Attached Form 1.