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(영문) 서울중앙지방법원 2020.02.20 2018가단5221600
손해배상(기)
Text

1. The Defendants jointly share KRW 34,535,289 with respect to the Plaintiff and KRW 5% per annum from March 16, 2016 to February 20, 2020.

Reasons

1. The fact of recognition: (a) around 17:25 on March 16, 2016, at the Goyang-gu E-building mechanical parking lot operated by Defendant D (hereinafter “instant parking lot”), the Plaintiff stopped the vehicle on the elevator set of the vehicle in order to bring the vehicle into the vehicle, and did not yet have yet to be unloaded from the vehicle, and the parking manager and the Defendant C did not properly confirm whether the vehicle had been left outside the vehicle, and opened the elevator door of the vehicle in the state of the Plaintiff’s boarding without properly ascertaining whether the vehicle was left outside the vehicle; and (b) the vehicle door was closed and the straw was down in the state of the Plaintiff’s boarding; and (c) there was an accident where the Plaintiff and the string of the vehicle were destroyed by the Plaintiff’s car and the string (hereinafter “instant accident”).

② Defendant B Co., Ltd. (hereinafter “Defendant Company”) is an insurer who entered into an “F Insurance” with Defendant C.

[Ground of appeal] Facts without any dispute, Gap's 1 through 4, Eul's 1 through 2 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the accident in this case shall be deemed to have occurred due to the mistake of manipulating the parking machine pressing without examining whether Defendant C left the vehicle outside of the vehicle without checking whether the vehicle manager had left the vehicle outside of the vehicle. Thus, the defendants jointly are liable to compensate for the damages suffered by the plaintiff due to the accident in this case.

B. Furthermore, with respect to the scope of damages, the scope of damages; the daily income is KRW 29,57,646; the Plaintiff’s life expectancy at the time of the accident 50 years of age at the time of the accident 36.59; the Plaintiff’s loss of labor capacity by 18% until July 8, 2021; the daily average wage is applied from March 16, 2016 to June 5, 2016; the daily average wage is the current value of KRW 6,03,568 for future treatment costs on the written appraisal of KRW 5,056,042.

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