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(영문) 서울중앙지방법원 2016.11.18 2016나30462

구상금

Text

1.The judgment of the first instance shall be modified as follows:

The Plaintiff

A. Defendant A: (a) KRW 56,464,920; and (b) April 2014.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff and the Defendants’ victim’ liability for the birth of loss and the scope thereof

A. According to the occurrence of liability for damages and the fact of recognition of restriction as above, the accident of this case occurred when the non-party company neglected the management and supervision of workers of the non-party company and the safety management of the workplace and the negligence of violating the duty of safe driving of the defendant A. Thus, the plaintiff, the insurer of the non-party company, the driver of the vehicle, or the defendants who are the owner of the defendant vehicle

However, since the victim was going up on the bridge in the entrance, it does not cause an accident by carefully examining whether there is a vehicle passing through the entrance, and neglecting the duty to ensure its safety by wearing safety caps, etc., and the victim's negligence also caused the occurrence of the instant accident and the expansion of damage, and thus, the responsibility of the plaintiff and the defendants is limited to 70%.

B. In addition to the scope of damage compensation separately provided below, each of the relevant items in the separate list of damages calculation, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

1) Personal information on lost income A): The same shall apply to the entry in the column of “basic matters” in the attached Form of damages calculation sheet.

B) Income and operating period: Group daily wage, number of working days shall be the 22th day of each month and the 60th day of each month (Provided, That the medical care benefits end as calculated by the plaintiff.