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(영문) 수원지방법원성남지원 2015.08.27 2014가단19737
손해배상(자)
Text

1. The Defendant’s KRW 12,316,231 as well as the Plaintiff’s annual rate of 5% from November 23, 2013 to August 27, 2015, and the following.

Reasons

1. Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1 and Eul evidence Nos. 1, the following facts are acknowledged: (i) around November 23, 2013, Eul driving a bus around 09:30, and passed around 814-4, as Seoul Seocho-gu, Seocho-gu, Seoul, and received the rear part of the D-si's taxi that was in the signal atmosphere; and (ii) the plaintiff who driven the above taxi was sculp and scinite, etc.; and (iii) the defendant is recognized as a mutual aid operator who entered into a mutual aid agreement with respect to the above bus.

Therefore, the defendant is liable to compensate for damages sustained by the plaintiff due to the accident of this case.

2. Scope of liability for damages

A. On-site income: The Plaintiff’s daily actual income is calculated based on the Plaintiff’s wage of at least 2,430,250 won for at least 10 years for each type of employment in 2012, as the Plaintiff was engaged in driving a truck from March 2, 2002 to October 201. Since the Plaintiff was engaged in driving a truck from March 2, 2002 to October 201, it was thereafter engaged in driving a private taxi from March 2, 201. As such, the Plaintiff’s wage of at least 10 years for each type of employment in 20,430,250 won for each type of employment in 2012.

3) The latter disability and labor ability loss rate ① The 7% labor ability loss rate: (2) the labor ability loss rate of 12% for one year from the date of the accident (including the loss of 3-A-a of Mabrid disability assessment table, the application of occupational coefficient 5, the contribution rate of 50%): the loss of 12% for one year from the date of the accident (the reflection of 3-A-c) the labor ability loss rate of 18.16% (=12% (10-12%) x 7/100).

B. Medical expenses: 228,250 won paid by the Plaintiff, excluding the amount equivalent to 50% of the contribution of 456,500 won, shall be recognized as the damage of the medical expenses.

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