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(영문) 서울중앙지방법원 2015.02.10 2013가단295601
손해배상(자)
Text

1. The Defendant’s KRW 3,601,640 as well as the Plaintiff’s annual rate of KRW 5% from October 14, 2011 to February 10, 2015.

Reasons

1. Occurrence of liability for damages;

A. On October 14, 201, B: (a) 16:10 on October 14, 201, Csi (hereinafter “Defendant vehicle”).

) The driver of Jongno-gu Seoul Metropolitan City driving the road near the plaza market, where Jongno-gu 5 is located, is driving along the two-lanes from the 4-side surface to the 5-lane surface, and the 5-lanes are changed to the 1-lane. On the other hand, the driver was forced to enter the said bus without examining in advance whether there are other vehicles on the 2-lane surface in the 5-lane surface, and the driver was injured by the Plaintiff who was on board the said bus by shocking with the D urban bus running on the 1-lanes. (hereinafter referred to as the “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including additional number), the purport of the whole pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator of defendant vehicle.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, 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.

Personal information 1) Personal data: as stated in the “basic matters” list of the amount of damages calculated: 2,612,613 won per month in 2012 (=i.e., KRW 31,351,360 per year ± 12) as at the time of the instant accident, the Plaintiff worked in Dan F&C Co., Ltd. at the time of the instant accident. As such, the amount of lost income should be calculated based on this.

3) The ratio of residual disability and labor capacity loss on October 14, 201 (on November 13, 2011 from the upper day)

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