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(영문) 대구지방법원 2016.01.13 2015가단16603

손해배상(기)

Text

1. The Defendant’s KRW 21,180,181 as well as the Plaintiff’s KRW 5% per annum from July 22, 2014 to January 13, 2016, and the following.

Reasons

1. Establishment of liability for damages;

A. Fact 1) The Plaintiff is a vehicle consisting of the following Tracler vehicle (the foregoing vehicle is a vehicle consisting of Tracler part and Tracler part):

hereinafter referred to as “instant vehicle”

) The owner of the said vehicle is a person who operates Trler transportation business by entering the said vehicle into the Trler transportation company. The Defendant is a person employed by the Plaintiff as a driver of the said vehicle. Track part - FM6 x 2 - Motor Vehicle registration number: FM - Motor Vehicle registration number: C (after the instant case, the registration number was changed to D as the number plate lost on December 16, 2013.

(2) On November 21, 2013, around 11:20, the Defendant caused an accident (hereinafter referred to as “instant accident”) resulting in the Defendant’s operation of the steering gear rapidly from the point of bend to the right side while driving the instant vehicle in the direction of Sung-Eup in the Geum-do, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun, and damage the said vehicle by getting the said vehicle to the port side.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-12, 2-2, 13-1-9, the purport of the whole pleadings

B. According to the above facts found, it is reasonable to view that the accident of this case occurred due to the defendant's negligence of driving, and therefore, the defendant is liable to compensate the plaintiff for the property damage caused by the accident of this case.

However, the defendant's liability is limited to 50% of the defendant's liability in consideration of the circumstances such as the fact that the accident of this case occurred due to gross negligence in the course of providing labor for the plaintiff.

In regard to this, the defendant asserts that the building was caused by the accident of this case since the illegal structure was installed in the vehicle of this case, but the defendant's above assertion is without merit since there is no evidence to prove the above fact.

2. Scope of liability for damages

(a) The amount of damages for repair costs: 26,000,000 won;