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(영문) 서울중앙지방법원 2016.01.26 2014가단167581
손해배상(자)
Text

1. The Defendant’s KRW 32,089,497 as well as the Plaintiff’s annual rate from August 16, 2014 to January 26, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant’s freight stock company and B (hereinafter “Defendant’s truck”)

(2) On September 11, 2012, C, like a side flag, was driven by Defendant Truck and proceeded at a speed of 51 to 60km/h/h on the left side of Defendant Truck from training the road at a speed of 60km in front of the E/h of the speed of 50km in A, while driving on the road at a speed of 51 to 51 to 60km/h, in order to overtake the front line, she was faced with the central line, and received the front side of Defendant Truck.

(3) Due to the instant accident, the Plaintiff was suffering from a superior position, such as the strings of the slopings, which are the rears, and C, which is the driver of the Defendant truck, died. [Ground for recognition: Facts without dispute, Gap’s 1, 2, 7, Eul’s evidence, Eul’s evidence Nos. 2, 3, and the purport of the entire pleadings.

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator.

C. As to the Defendant’s assertion, the Defendant asserts that there was negligence of failing to wear safety belts in that the Plaintiff, at the time, did not decrease the speed of the center of the Defendant truck so that it violated the duty of care to prevent accidents, and suffered knee, knee, etc. with multi-sex injuries.

However, there is insufficient evidence to view that the Plaintiff did not wear safety belts, and it is difficult to view that C was at fault of the Plaintiff in the instant accident that occurred due to the collision of the central line.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value of damages at the time of the accident shall be calculated at the rate of 5/12 per month.

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