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(영문) 창원지방법원 2016.09.28 2016나2004
손해배상(자)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall be 10,305,236 won and the appointed party to the plaintiff (appointed party).

Reasons

1. The Defendant, on October 8, 2010, was negligent in neglecting the duty of Jeonju City while driving D freight cars on the day of October 8, 2010, and concealed G passenger cars which were in the atmosphere of traffic in the national highways No. 14th in front of the Fgas charging Station in common Young City.

(hereinafter “instant accident”). The Plaintiff, who was on the back seat of the said vehicle due to the said accident, suffered injury, such as light feasium, knenee knee tye tye tye tye, etc., which ought to be treated for about 3 weeks, and the designated parties B suffered injury, such as approximately 12 weeks, No. 9 of pressure plehne tye tye tye tye tyeing

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. 1) According to the above facts and the purport of the entire pleadings, the instant accident was caused by the Defendant’s towing of a vehicle in front of the signal atmosphere by violating the duty of front-time care. Thus, barring any special circumstance, the Defendant is liable to compensate the Plaintiff, etc. for the damages caused by the instant accident as the driver of the watched vehicle. However, in calculating the amount of damages, it is deemed that the Plaintiff, etc. failed to wear the safety belt, thereby causing the occurrence and expansion of the damages. Therefore, it is reasonable to set the ratio of damages at 10% because the Plaintiffs did not contribute to the occurrence of the instant accident and the expansion of the damages caused by the accident.

B. In addition to the separate explanation below the scope of liability for damages, each of the relevant items in the separate calculation sheet of damages, and the convenience period of calculation shall be calculated on a monthly basis in principle, but 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.

1) The Plaintiff’s lost income (A).

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