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(영문) 부산지방법원 2020.06.23 2019가단312469
손해배상(자)
Text

1. The Defendant: (a) filed a claim against Plaintiff A for KRW 57,827,924; (b) KRW 35,551,949 for each of the said money; and (c) on August 20, 2018 for each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 14:48 on August 20, 2018, E driven a F taxi (hereinafter “Defendant vehicle”) and entered into the G apartment in Busan Seo-gu G apartment, Busan (hereinafter “instant accident”), followed up to KRW 2-3 meters, and followed up the instant accident (hereinafter “instant accident”). H died on March 16, 2019 while receiving treatment by suffering injuries, such as duplicating a fry, fry, etc., of the instant accident.

(2) As the heir of H, there are Plaintiffs A and C, who are the spouse of H, and the Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle.

B. According to the above facts of recognition of liability, the instant accident was caused by the misunderstanding of the E’s failure to perform its duty of ex officio care, which led to the H’s failure to operate the brake immediately after the shock, and the H’s failure to operate the brake immediately after the shock.

Therefore, the defendant, who is the mutual aid business for the defendant's vehicle, is liable for the damages suffered by H and the plaintiffs due to the above accident.

[Ground of recognition] Facts without dispute, Gap's entries or images, and the purport of the whole pleadings, as stated in Gap's Evidence Nos. 1, 3, 4-1 through 4-5, 5, 9-7, 9-8, 9-26, 9-28, 10, Eul's Evidence Nos. 2-2 and 2-5

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 amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

It shall be rejected that the parties' arguments are not separately explained.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 6 (including a branch number), 8-1, and 8-2, the fact-finding reply to the director of Busan University Hospital (as of July 12, 2019), and the purport of the whole pleadings

A. The Plaintiffs of the king nursing expenses were required to open for three persons a day from the day following the end of the period in which H was in the middle-patient’s office until the day of death.

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