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(영문) 인천지방법원 2020.12.01 2019가단265207
손해배상(기)
Text

The Defendants jointly share KRW 17,256,479 to Plaintiff A, as well as 5% per annum from October 27, 2018 to December 1, 2020.

Reasons

1. Basic facts

A. On October 27, 2018, around 09:50 on October 27, 2018, at the inspection site located in Kimpo-si E (former store) located in Kimpo-si, operated by the Defendant Company, the Plaintiff: (a) connected the freight loaded in the cargo space of the freight vehicle to the wire ropes; and (b) caused an accident in which the Plaintiff, while carrying out loading and unloading operations by drawing the freight onto the foreline of the Defendant D Driving, followed the left launching, etc. (hereinafter “instant accident”).

B. The Plaintiff A suffered damage to the upper part of the instant accident, the upper part of which was the first part of the front part of the instant accident, and the pressure of the third part of the body.

C. Plaintiff B is the spouse of Plaintiff A, and Defendant C (hereinafter “Defendant Company”) is the employer of Defendant D.

[Ground for Recognition: Unsatisfy Facts, entries and images of Gap evidence Nos. 4 through 10 (including paper numbers), and the purport of the whole pleadings]

2. According to the facts of recognition as above, Defendant D should have been driven by Plaintiff D while getting off from Plaintiff A’s shop until the wire ropes was unclaimed. Since Defendant D was negligent in driving without confirming whether Plaintiff A’s getting off or getting off, Defendant D is liable to compensate the Plaintiffs for the damages caused by the instant accident in accordance with Article 750 of the Civil Act.

However, the plaintiff A also was negligent in not only boarding the Poke but also leaving the Poke in a dangerous situation where the Poke will start up again in the future, and since the plaintiff A was negligent in not exercising due care in the movement to take place, the responsibility of the defendants is limited to 70%.

3. In principle, a period for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than a month and less than a won 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.

Grounds for recognition: Results of physical examination commissioned to the G Hospital Head of this Court, Gap, 13.

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