손해배상(자)
1. Of the judgment of the court of first instance, 16,25,420 won against the defendant A, and 80,000 won against the plaintiff B, and 400 won against the plaintiff C and D, respectively.
1. Occurrence of liability for damages;
A. In fact, Plaintiff A is the driver of E E Leto or Truck, Plaintiff B is the mother of Plaintiff A, Plaintiff C and D are the children of Plaintiff A, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with F and G taxi. 2) On June 5, 2010, F caused an accident where Plaintiff A was driven by the central line while driving the said taxi in the Nowon-gu, Youngcheon-si, Seocheon-si (hereinafter “instant accident”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and 11 (including branch numbers, if any) and the purport of the whole pleadings
B. According to the above facts of recognition of liability, since the accident of this case occurred by negligence that F violated the central line, the defendant is liable to compensate the plaintiffs for the damages caused by the accident of this case as a mutual aid business operator.
The defendant asserts that the accident of this case was negligent in relation to the plaintiff A, but in light of the circumstances surrounding the accident of this case, it is reasonable to see that the accident of this case was caused entirely by the plaintiff F's negligence, and there is no other evidence to acknowledge the plaintiff A's negligence. Thus, the defendant's above assertion is without merit.
2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;
At the time of the accident, the computation of the amount of damages shall be based on the calculation of the amount of losses, which deducts interim interest at the rate of 5/12 per month as a simple interest.
In addition, it is rejected that the parties' arguments are not stated separately.
The remainder of the following contents, excluding consolation money, is against the plaintiff A.
Personal information 1) Personal information: as stated in the “basic matters” list of damages calculation sheet in attached Form 2, occupation and income, operation period: Plaintiff A will be 63 years of age.