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(영문) 대전지방법원 2020.08.19 2018가단6997
손해배상(자)
Text

1. The Defendant’s KRW 190,278,417 as well as 5% per annum from October 16, 2017 to August 19, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in cargo transport business under the trade name of “C”.

B. At around 22:40 on October 16, 2017, D personnel belonging to the Defendant, in order to load the Plaintiff’s cargo from the Defendant’s factory located in Asan-si, Asan-si, in order to load the Plaintiff’s cargo, D’s vehicle was reduced by the board in the process of rapidly stopping the Plaintiff while moving to the Defendant’s factory at a 10-meter radius, and the said board was shocked by the Plaintiff in its surrounding area.

As a result, the Plaintiff suffered injuries, such as climatic and sacriff, etc.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap Nos. 3, 5 (including a serial number; hereinafter the same shall apply), Eul’s entry in the evidence No. 1, and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, the accident of this case occurred due to negligence in violation of the duty of safety of the defendant's employee who driven the vehicle of this case. Thus, the defendant who is the employer is liable for damages pursuant to Article 756 (1) of the

B. However, the limitation of liability is limited, since the load on the board is loaded on the board, and the load may fall, the plaintiff also should have been able to ensure the safety of the person, such as the removal from the work site, but the negligence is recognized. Therefore, the defendant's responsibility is limited to 80% in consideration of these circumstances.

3. Except as otherwise stated below, the scope of damages shall be the same as each corresponding item, and 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 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.

[Ground of recognition] The facts without dispute, Gap's evidence 3, 9, Eul's evidence 6, the result of the commission of appraisal to the F Hospital by this court, the significant facts, the rule of experience, and the purport of the whole argument

(a)on-site imports 1.

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