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(영문) 서울중앙지방법원 2020.01.17 2019가단5038454

손해배상(자)

Text

1. The Defendant’s KRW 397,285,372 as well as 5% per annum from August 10, 2017 to January 17, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The recognition of the facts 1) C is the F Freight Vehicle (hereinafter “Defendant Vehicle”) in order to load timber within the E located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, on August 10, 2017.

2) While driving the Defendant’s vehicle while driving the vehicle, the said accident caused the timber to the rear part of the Defendant’s seat (hereinafter “instant accident”).

(2) The Plaintiff, who was carrying timber on the part of the Defendant’s vehicle, was killed under the Defendant’s vehicle due to the instant accident, resulting in the injury, such as the two rings, less than the two strings, undermining the external brain damage, and the outer strings, and the flabing, etc.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle. 【Ground for recognition’s absence of dispute, Gap’s 2, 3, 9, and Eul’s 2 (including serial numbers; hereinafter the same shall apply).

each entry or video, the whole purport of the pleading;

B. According to the above recognition of liability, the Defendant, a mutual aid business entity, is liable to compensate the Plaintiff for damages caused by the instant accident, barring any special circumstance, since the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle.

C. The limitation of liability, however, in full view of the overall purport of oral proceedings in the images of the evidence No. 3, which are the facts of recognition under paragraph (1), the Plaintiff committed an act that the Plaintiff did not wear protective equipment, such as safety caps, while going on the felbs of the tree he loaded while carrying the Defendant’s vehicle to work on board. In light of the background of the instant accident and all the circumstances before and after the instant accident, the Plaintiff’s error is deemed to have caused the occurrence or expansion of damages. Therefore, the Defendant’s liability is limited to 90% by taking this into account in calculating the amount of damages to be compensated by the Defendant.

2. Except as otherwise stated below within the scope of liability for damages, the calculation shall be the same as each corresponding item in the separate list of damages calculation.