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Reasons
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(영문) 수원지방법원 평택지원 2018.11.27 2018가단58101
손해배상(자)
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1. The Defendant’s KRW 8,254,60, and the Plaintiff’s annual rate of KRW 5% from February 8, 2018 to November 27, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a driver of B 21 ton cargo truck owned by Gap Indones Transport Co., Ltd. (hereinafter “Plaintiff-Motor vehicle”).

B. At around 02:40 on September 26, 2017, 02: (a) around 02:40, Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, Yancheon-gun, a Dokdong-gun, driving seat of the Plaintiff’s vehicle parked on the right side (hereinafter “the primary accident”); and (b) the said accident was destroyed by the Plaintiff’s upper part of the upper part of the Plaintiff’s vehicle; (c) the Plaintiff was diagnosed as brain typer, fluor, and tensioned; and (d) around 15:00 on February 13, 2018, the Plaintiff was diagnosed as having been in a state of open parking seat (hereinafter “the Plaintiff’s 2nd part of the instant accident”); and (d) the Plaintiff was diagnosed as having been in a state of shock and tension with the Plaintiff’s left part of the Plaintiff’s vehicle; and (e) the Plaintiff was diagnosed as the Plaintiff’s left part of the instant vehicle.

The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid contract for D cargo vehicles and F cargo vehicles.

E. The Plaintiff acquired the damage claim for the first and second accidents from the Korea Transportation Corporation, and notified the Defendant of the assignment of the claim upon delegation of both earth and sand notification authority.

[Ground of proof] The facts without dispute, Gap evidence 1-1, 5, Gap evidence 2-1, 2-2, Gap evidence 3-7, Gap evidence 5-1 through 6, Gap evidence 10, Gap evidence 1-6, Eul evidence 1-6, Eul evidence 2, and the purport of whole pleadings

2. A loss of KRW 6,830,00 due to the Plaintiff’s assertion during the repair period due to the Plaintiff’s failure to operate the Plaintiff’s vehicle during the repair period. A loss of KRW 8,050,000 was incurred due to the Plaintiff’s failure to perform an operation outside the half of the ordinary hall due to the hospital’s treatment for 66 days.

On March 6, 2018, the second accident suffered damages of KRW 5,120,00 due to the failure to operate the Plaintiff vehicle by March 6, 2018.

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