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(영문) 서울북부지방법원 2017.11.22 2015가단144188
손해배상(자)
Text

1. The Defendant’s KRW 73,208,770 as well as 5% per annum from March 24, 2014 to November 22, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for B vehicles owned by Bowon Tourist Tour Co., Ltd. (hereinafter “Defendant vehicles”).

B. On March 24, 2014, C driving the Defendant vehicle on March 14:31, 201 and driving the Defendant vehicle at Mapo-gu Seoul Mapo-gu, and driving the four-lanes of the four-lanes in front of the 246 Asian Elementary School at the Mapo-gu (Seoul Mapo-gu), which caused an accident of shocking the Plaintiff’s two-wheeled vehicle prior to the Plaintiff’s operation, due to negligence that did not well see the front (hereinafter “instant accident”).

C. The Plaintiff suffered injury, such as the symptoms of the central number of trees, the escape certificate of Gyeong-gun, the escape certificate of Gyeong-gu signboards, and the damage of the number of trees, etc. due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, result of a physical appraisal commission by this court, purport of whole pleadings

2. Determination

A. According to the fact that the occurrence of the liability for damages occurred, since the accident of this case occurred due to the negligence of C which did not live well in front, the defendant, who is a mutual aid business operator, is liable to compensate the plaintiff for all the damages suffered by the plaintiff.

B. 1) The Plaintiff’s age at the time of the instant accident is 60 years or more at the time of the instant accident, and thus, the Plaintiff’s age is recognized as a three-year operating period in consideration of the number of months ordinarily available for employment.

As the Plaintiff received hospitalized treatment for the period of 377 days, the Plaintiff continued to be hospitalized from March 24, 2014 to April 4, 2015, which became the 377th day from March 24, 2014, the date of the instant accident, and the rate of loss of labor ability is recognized as 100% during that period.

The rate of loss of labor ability by 35% from April 5, 2015 to March 23, 2017 shall be recognized.

(A) The Defendant’s assertion that there was a documentary evidence, but does not accept the claim in consideration of the result of the appraisal commission by this Court). The income shall apply to the daily wage for the city of the common person, the number of working days, and the 22th day

The plaintiff's assertion of the application of the estimated statistical income of delivery cost.

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