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(영문) 인천지방법원 2016.08.10 2016가단205655
손해배상(의)
Text

1. The Defendant’s KRW 6,298,560 as well as 5% per annum from February 23, 2014 to August 10, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

(a)The following facts are not in dispute between the Parties:

1) On March 4, 2013, the Plaintiff entered into Kimpo-si, a personal business operator driving B5 tons truck for warehouse directors, Kimpo-si. 2) The Defendant, around 10:00 on the same day, left the above five tons truck after leaving the entrance in order to load it in the process of moving from the above C to D, at around 10:00 on the same day, received three sets of 220 centimeters high from the Nopt North Panel (TFT-L CD) of the Plaintiff’s possession, which was set up for the front of the entrance.

(hereinafter “instant accident”). (b)

According to the above facts, the defendant is found to have inflicted damages on the plaintiff by negligence, so the defendant is liable to compensate the plaintiff for the damages incurred by the plaintiff due to the accident of this case.

2. The following circumstances, which can be seen by the purport of the statement of No. 1 and the entire argument, include the Plaintiff’s director’s appointment of Defendant only for the Plaintiff and there was no other person to induce the Plaintiff to drive and prevent accidents at the site, and the Defendant’s liability is limited to 80% of the amount of damages, taking into account all the circumstances revealed in the argument of this case.

3. Scope of damages.

A. According to the Plaintiff’s assertion, 96 copies were destroyed in total 1,440 (72 stuffs) of the Nowon-gu Panel, and the remaining 1,244 were prevented from being sold as fixed goods, there was a loss of USD 18 per sheet ($56 - 38).

Therefore, the damages suffered by the Plaintiff are 34,891,065 won in total as follows:

1) 6,037,785 Won 2) 1,440 1,244 sales damage 27,170,035 1,244 1,244 1,440 1,440 1,440 3) 1,48 96 1,035 3

B. It is insufficient to recognize that the evidence presented by the Plaintiff alone caused the damage as alleged above by the Plaintiff.

However, according to the purport of Eul's No. 1 and all pleadings, the accident of this case.

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