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(영문) 전주지방법원 2014.08.29 2014가단20679
손해배상(자)
Text

1. The Defendant’s KRW 11,279,016 with respect to the Plaintiff and KRW 5% per annum from August 26, 2011 to August 29, 2014.

Reasons

At around 15:30 on August 26, 201, B recognized the basis of the liability for damages, while transporting the Plaintiff’s product to the Plaintiff’s cargo vehicle using Ekw at the factory located in Gwangju Mine-gu, Gwangju (hereinafter “the instant cargo vehicle”), B did not discover the Plaintiff who was engaged in product adjustment on the cargo vehicle, and caused the Plaintiff’s left-hand bridge with the products loaded in the cargo vehicle on the cargo vehicle. The Plaintiff suffered from the Plaintiff’s left-hand falsium of the falsium abandonment on the left-hand side.

(hereinafter referred to as “the instant accident.” The Defendant is the insurer who entered into the instant comprehensive automobile insurance contract with the owner of the instant vehicle.

[Reasons for Recognition] According to the above-mentioned facts, Gap evidence Nos. 1, Eul evidence Nos. 3 and 4, and the purport of the whole pleadings, the defendant is liable for damages suffered by the plaintiff as an insurer.

However, the limitation of liability is limited, since the plaintiff was engaged in the work of transporting the product jointly with the plaintiff, a thorough examination of the movement of the plaintiff's driver's vehicle B, and he was negligent in neglecting his duty of care for the safety of the plaintiff's own.

I would like to say.

The Plaintiff’s negligence also caused the occurrence of the instant accident and the expansion of damages.

Therefore, in calculating the amount of damages to be paid by the defendant, it is reasonable to limit the defendant's liability to 70%, excluding the above ratio of negligence.

The scope of damages for lost income is 11,080,166 won calculated at the present price at the time of the instant accident, based on the following (i) the facts of recognition and evaluation as follows: (a) the loss of lost income equivalent to the amount of monetary total assessment of the capacity lost by the Plaintiff due to the instant accident, based on the method of deducting intermediate interest at the rate of 5/12 per month as stated below, 11,080,166.

⑴ 인정사실 및 평가내용 ㈎ 성별 : 남자, 생년월일 : F생, 연령 : 사고 당시 65세...

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