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(영문) 창원지방법원 2020.06.11 2019나57333
손해배상(자)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 7, 2017, at around 21:55, the Plaintiff driven a non-registered climate (hereinafter “Plaintiff Oba”) and driven the intersection of the D-road window of Changwon-si, Changwon-si (hereinafter “instant intersection”) in the direction of the name square in the vicinity of the intersection.

B. On the other hand, Defendant C driven the FOba (hereinafter “Defendant Oba”) owned by Defendant B, and proceeded with the instant intersection in the direction of the members (the right side from the left side of the Plaintiff’s proceeding criteria) from the Ebain bank.

C. The Plaintiff and Defendant C entered and proceeded with each other’s intersection, and there was an accident of conflict between two Obama and two Oba.

(hereinafter “instant accident”). D.

Defendant B is a person employed by Defendant C and had Defendant Otoba deliver services while operating Kindo at the window G of Changwon-si.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 8-13, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the negligence of Defendant C who proceeded with the instant intersection in violation of the suspension signal, and thus, Defendant C is a driver, and Defendant B is an operator of Defendant Oraba and an employer of Defendant C, and is jointly and severally liable to compensate for all damages suffered by the Plaintiff.

In the above accident, the plaintiff suffered from the injury to the left-hand pelpel and the peltong pelpelba, and the plaintiff was damaged, the amount of compensation to be paid by the defendants is KRW 1,706,596 (12 days of hospitalization), KRW 3,857,560, and KRW 3,250,000, KRW 10,000, KRW 18,814,156 in total, and KRW 18,816,00, KRW 156 in total.

In the initial complaint, the Plaintiff’s total amount of KRW 21,742,019 and KRW 3,222,200 for the period of hospitalization, which is equivalent to 13% of the loss of labor ability due to the market damage for five years after discharge.

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