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(영문) 서울중앙지방법원 2018.06.28 2016가단5203783
손해배상(자)
Text

1. The Defendant’s KRW 30,134,090 and the Plaintiff’s annual rate of KRW 5% from March 12, 2015 to June 28, 2018.

Reasons

1. Occurrence of liability for damages;

A. In fact 1) B, around 16:50 on March 12, 2015, Csi (hereinafter “Defendant vehicle”).

(B) The remainder of the F driver’s vehicle, which was parked in front of the Esan City Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do

2) As a result of the instant accident, the Plaintiff suffered injury, such as light fluorcing pains, radioactive shields, light cluorical signboards escape certificates, etc.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle (the fact that there is no dispute over grounds for recognition, Gap evidence 2, Eul evidence 1 and 2, and the purport of the whole pleadings).

B. According to the above facts, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator of defendant vehicle.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, 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.

Personal information 1) Personal data: The same shall apply to the entry in the column for “basic matters” in the attached Form for calculating the amount of damages. 2) The Plaintiff received benefits of KRW 45,726,040 per year while working in G Hospital as a public health doctor at the time of the instant accident, and the Plaintiff is working as a public health doctor until April 14, 2016.

After retirement, the Plaintiff asserts that the Plaintiff’s payment of KRW 13,00,000 per month should be calculated as the bonus paid at the above hospital, while the Plaintiff’s payment of KRW 13,00,000 should be recognized as a bonus, however, the Plaintiff’s labor contract shall be based on the bonus.

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