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(영문) 서울북부지방법원 2020.11.27 2019가단116570
손해배상(자)
Text

1. The Defendant’s KRW 32,345,127 with respect to the Plaintiff and KRW 5% per annum from September 18, 2018 to November 27, 2020.

Reasons

1. The following facts are acknowledged as either of the parties to a dispute or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence 1 and 2:

A. On September 18, 2018, at around 18:26, C driven D cab (hereinafter “Defendant vehicle”) and operated the brake in F. F. F. F. E, Dobong-gu Seoul Metropolitan Government, erroneously manipulating the brake device, thereby receiving a set washing machine in front, and due to the shock, C exceeded the Plaintiff who was next to the set washing machine.

(hereinafter “instant accident”). B.

The Plaintiff suffered pressure from the 2nd century due to the instant accident.

C. The defendant is a mutual aid business operator who has entered into a comprehensive motor vehicle deduction contract with the defendant vehicle.

2. According to the above fact of recognition as to the occurrence of liability for damages, the defendant is liable to compensate for damages in proximate causal relation to the plaintiff's occurrence of the accident in this case unless there are special circumstances as the insurer of defendant vehicle

3. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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.

It is the purport of rejecting the claims of the parties, which are not stated separately.

【Ground of recognition】 The fact that there is no dispute, Gap 3, 5, 8, 14, 15 (including able identification cards), Eul 1 through 5, and Eul 1 through 5, the result of physical examination of the G Hospital head of this court, and the result of each fact-finding, the fact-finding results, experience, significant fact-finding, and the purport of the whole pleadings of this court against H corporation

A. Personal information 1) Personal information: A male, Is and 72 years old and 3 months old at the time of the instant accident: The Plaintiff’s age at the time of the instant accident, until September 17, 2019, when one year from the date of the instant accident, considerably exceeded the ordinary retirement age of taxi drivers. However, the Plaintiff’s age was considerably above the ordinary retirement age of taxi drivers.

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