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(영문) 대전지방법원 2020.10.22 2020가단116545
손해배상(자)
Text

1. The defendant shall pay to the plaintiff KRW 2,00,000 as well as 5% per annum from June 13, 2020 to October 22, 2020.

Reasons

The occurrence of liability

A. Facts of recognition 1) D is a bus E around 08:52 on May 18, 2019 (hereinafter “Defendant vehicle”).

) While driving a vehicle, at the two-lanes on the two-lanes of the 2nd line of the road of the two-lane-ro, Leecheon-ro, Leecheon-ro, 1200, the width of the opening of the terminal, the entrance of which was left by the vehicle, the crosswalk was found early and rapid. The Plaintiff, as a passenger of the Defendant, was sitting in the seat as a passenger of the Defendant, was over the corridor in the Defendant’s vehicle due to the above rapid stop (hereinafter “instant accident”).

2) The Plaintiff suffered injury, such as salt ties and tensions, due to the instant accident. 2) The Defendant is a mutual aid business operator for Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 1 and Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the accident of this case occurred due to the negligence of the plaintiff, who is the mutual aid business operator for the defendant's vehicle, because the accident of this case did not drive the front left left-down, and found pedestrians late to find them late, while driving the accident of this case as well as the accident of this case.

2. Scope of liability for damages

A. 1) The parties’ assertion that the Plaintiff could not obtain income from the treatment for 77 days from the date of the instant accident, and the Plaintiff sought payment of KRW 15,400,000 calculated on the basis of the daily wage for the relevant period (200,000 x 77 days). The Defendant asserts that there is no Plaintiff’s lost profit due to the instant accident. (ii) The Defendant asserts that there is no Plaintiff’s lost profit due to the instant accident. (iii) The method of calculating the lost profit that the victim suffered in the event that a part of the ability to work was lost due to the injury caused by another person’s tort, shall be deemed the loss of income that the victim could obtain if there was no tort, and thereafter, the income at the time of the tort and the future after the tort.

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