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(영문) 의정부지방법원 2014.01.14 2012가단45108
손해배상(자)
Text

1. The Defendant: (a) KRW 4,814,871 to the Appointor C; and (b) KRW 300,000 to the Plaintiff (Appointed Party) and each of them on March 27, 2012.

Reasons

1. Existence of liability for damages

A. On March 29, 2012, the Defendant, while operating D-wing vehicle C with a designated person on the top of the steering force of the vehicles carrying the designated person C, was in line with the signals from the 1st head of the new road, a new road of the 1st head of the new road of the Jeju-do, Jeju-do, on March 29, 2012, and was protruding on the top of the two sides, and was shocked (hereinafter “instant accident”). Nonparty E’s left side on the left side of the F-F van driven by Nonparty E with the front part of the said wing vehicle.

B. Due to the foregoing accident, the Selection C suffered injury, such as the escape from the conical signboards No. 5-6 of the Gyeong-gu Office of Gyeong-gu.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, and the result of the physical appraisal conducted by G of the appraisal, according to the purport of the entire pleadings, the defendant is obligated to compensate the appointed party and the plaintiff (appointed party; hereinafter "the plaintiff") for the damages suffered by the plaintiff due to the operation of the above motor vehicle.

2. Scope of liability for damages

(a) Selectioner C of basic matters: Age 76 and 10 months;

B. The Plaintiff’s assertion that the designated parties C engaged in landscaping business and business of collecting and trading ancillary resources, and that there was an income of at least 3 million won per month. However, there is no objective data (such as a report on income in the tax office) supporting this. Therefore, the Plaintiff’s assertion on this is without merit.

In addition, since urban daily wage is also asserted, it is ordinary to view that, with respect to those who are engaged in general urban daily work, and those who are engaged in physical labor as their main duties, they can be operated until they reach 60 years of age according to the empirical rule (see, e.g., Supreme Court Decision 91Da6665, Apr. 23, 191). At the time of the accident, the designated person C, who had already been aged above 76 years of age, cannot be deemed to have suffered considerable damage to lost income due to the accident in this case.

C. (i) With respect to the amount equivalent to KRW 1,822,160 of the Jeju Hospital, the fact-finding on each of the above evidence and the Jeju Hospital.

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