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(영문) 서울동부지방법원 2016.02.19 2013가단35604

손해배상(기)

Text

1. Defendant B’s KRW 18,825,199 as well as 5% per annum from December 4, 2012 to February 19, 2016 to the Plaintiff.

Reasons

1. Plaintiff’s claim against Defendant B

A. (1) At around 22:00 on December 4, 2012, Defendant B parked a vehicle to be placed in a sloping seat at the CJ Logistics Center located in Yacheon-si, Yacheon-si, and parked the above vehicle without neglecting the duty of care to prevent the occurrence of the accident in advance by operating the brakes accurately and preventing the scambing along the slope, and thereby, the above knife caused the above knife to a slope, thereby stopping the cargo at the above knife, and closing the knife after parking the cargo at the above knife at the above knife, and resulting in the Plaintiff’s injury, such as the upper half of the knife frame and the left knife of the left knife, the left knife of the left knif.

(2) According to the above facts, Defendant B is liable to compensate the Plaintiff for the damages incurred by the instant accident as a driver of the said vehicle.

[Ground of recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence No. 1, the purport of the whole pleadings

B. The portion not stated separately below the scope of the liability for damages is as shown in the attached Table of Calculation of Damages.

(Calculation convenience less than won and less than the month of the last month shall be discarded, and the present price of damages shall be calculated at the time of an accident shall be calculated at the rate of 5/12 percent per month. It shall be dismissed that the parties' arguments are not separately explained.

(1) Actual income: It is as shown in the annexed sheet of calculation of damages.

(A) The Plaintiff asserted that the monthly income of the Plaintiff should be calculated on the basis of KRW 3 million, since the Plaintiff was a land owner operator at the time of the instant accident, as it became the Plaintiff’s land owner at the time of the instant accident, but the entries in subparagraphs 6-1 and 2 of the evidence No. 6-2 alone, as alleged by the Plaintiff at the time of the instant accident.