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(영문) 부산지방법원 2021.02.23 2020가단305818

손해배상(자)

Text

1. The Defendants jointly share KRW 2,00,000 with respect to the Plaintiff and 5% per annum from January 16, 2019 to February 23, 2021.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant B’s driver of the E-car (hereinafter “Defendant”), Defendant C’s spouse as Defendant B’s owner of the Defendant vehicle, and Defendant D Co., Ltd (hereinafter “Defendant Company”) is an insurer who entered into a comprehensive automobile insurance contract regarding the Defendant vehicle.

2) On January 16, 2019, at around 12:30, the Plaintiff was working as a construction body at the construction site of G middle school building in G middle school in Kimhae-si, Kimhae-si, G middle school. After completing the A.M. work, the Plaintiff was under construction before the fence outside of the building.

At that time, Defendant B did not find the Plaintiff who was parked in the front place while driving the Defendant’s vehicle that was parked in his vicinity and did not discover the Plaintiff, and received the part of the Plaintiff’s left head with the left front of the Defendant’s vehicle (hereinafter “the instant accident”). Due to the instant accident, the Plaintiff suffered injury, such as damage to the character of face.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3-1, Gap evidence No. 4, the purport of the whole pleadings

B. According to the occurrence of liability and the recognition of the above limitation, the accident in this case occurred due to the negligence of Defendant B, who failed to perform the duty of front-time care in driving the Defendant vehicle. Thus, Defendant C and Defendant C, the owner of the Defendant vehicle, are jointly liable to compensate for the damages suffered by the Plaintiff due to the accident in this case.

However, in light of the circumstances of the accident, the responsibility of the Defendants is reasonable to limit the liability of the Defendants to 80% in light of the following: (a) the Plaintiff, as well as the Plaintiff, was engaged in a dropout on the ground floor near the parked place.

2. In principle, a period for calculating the scope of liability for damages shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded;

At the time of the accident, the amount of damages shall be calculated by deducting the interim interest at the rate of 5/12 per month.