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(영문) 서울중앙지방법원 2016.08.08 2014가단5202571
손해배상(자)
Text

1. The Defendant’s KRW 17,928,257 as well as 5% per annum from October 30, 2013 to August 8, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) B: (a) around 01:30 on October 30, 2013, C Trucks (hereinafter “Defendant Trucks”)

) A D truck drivened by the Plaintiff (hereinafter referred to as “Plaintiff truck”) while driving on a three-lane route from Daejeon to Seoul along the three-lane road in the direction of Seoul 31.1km in Yancheon-gu, Yancheon-gu, Yancheon-si.

2) The instant accident was concealed (hereinafter referred to as “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as the escape certificate, etc. of the conical signboards.

3) The Defendant concluded a mutual aid agreement on the Defendant truck. 【Ground for recognition】 the fact that there is no dispute, Gap 1 and 2 (including each number, and the purport of the entire pleadings)

B. According to the fact of recognition of liability, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as a mutual aid business entity of Defendant Truck.

C. The Defendant asserts that there was negligence of not putting safety belts up to the Plaintiff in light of the Plaintiff’s injury parts and degree, etc.

However, it is not sufficient to recognize that the Plaintiff did not fasten the safety belt solely on the fact that the Plaintiff was injured by the scam, the scam, and the two parts, and there is no other evidence to acknowledge it.

We cannot accept the defendant's argument.

2. Except as otherwise stated below within the scope of liability for damages, each corresponding item of the attached Table of Calculation of Compensation Amount.

In principle, the period for the convenience of the calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 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.

In addition, it is rejected that the parties' arguments are not stated separately.

In case of lost income: 11,625,554 won (1): Personal information: as stated in the column for “basic matters” in the attached Form of damages calculation sheet; 2) income: 2,42.

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