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(영문) 울산지방법원 2015.02.13 2014가단13180

손해배상(자)

Text

1. The Defendant: 47,821,910 won to the Plaintiff, and 5% per annum from March 29, 2013 to February 13, 2015, and the next day.

Reasons

1. Basic facts

A. On March 29, 2013, at around 13:20 on March 29, 2013, the Plaintiff, as an employee of the Nonparty Company B (hereinafter referred to as “B”), was approaching to discover compliance factorings in the vehicle moving route while performing the duties of traffic signalling of soil and sand in the workplace of Ulsan-gu, Ulsan-gu PTRPOJEC PIPPPERK, Nam-gu.

At this time, the non-party D, an employee of the defendant, was driving a 4.5 tons truck, and the plaintiff was shocked by the plaintiff, and the plaintiff was involved in an accident that is compromiseed between the above truck and the Compact.

(hereinafter referred to as the "accident of this case").

In the instant accident, the Plaintiff suffered injury, such as the external shock of the bridge combination.

C. Until April 8, 2014, the Plaintiff received KRW 15,418,570 of temporary layoff benefits and KRW 9,373,120 of disability benefits, with the period of medical care as the period of medical care.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 6 (including family heading), the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the factual basis as seen earlier prior to the occurrence of liability, the instant accident is determined to have occurred due to a mistake in neglecting the duty of follow-up care when driving a truck of D, and thus, the Defendant is liable to compensate for the Plaintiff’s damage caused by the instant accident as a user of D.

B. Limit of liability: Provided, however, the Defendant’s liability is limited to 70%, taking into account the fact that the Plaintiff was negligent in entering the vehicle traveling route by failing to stop the vehicle that is going behind as the signal number of earth and sand transport vehicles.

3. A period for calculating the scope of liability for damages shall, in principle, be calculated on a monthly basis, but less than a month shall be included in the side on which the appraised value is less than a month, and less than a won and less than a last month shall be discarded, and the present price shall be calculated at the time of the accident of the amount of damages by the simple discount method which deducts intermediary interest at the rate of 5/12 per month

In addition, if the numerical value exceeds 240, the excessive compensation is made.