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1. The Defendant’s KRW 27,015,062 as well as the Plaintiff’s KRW 5% per annum from March 31, 2015 to December 1, 2016.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition B, around 16:35 March 30, 2015, tried to change the tea while driving a C-si (the Defendant’s mutual aid contract; hereinafter “instant taxi”) and driving it on a three-lane basis in the e-mail of the e-mail in the e-mail B, e-mail, Busan, the e-mail in the e-mail B, the e-mail in Busan, the e-mail
Handrails were shocked by this accident, and the Plaintiff, the passenger of this accident, suffered injuries, such as the left-hand chilling of the pipe.
(hereinafter referred to as “instant accident”). 【No dispute exists, Gap evidence Nos. 1, 2, and Eul evidence No. 2, and the purport of the whole pleadings.
B. The grounds for and limitation of liability is that the Defendant is liable to compensate the Plaintiff, who is the passenger of the instant taxi, as a mutual aid business entity.
However, according to the witness B's testimony, the Plaintiff did not wear the safety level, and the Plaintiff's negligence in violation of the duty to wear safety level caused the expansion of damages caused by the instant accident. Therefore, the Defendant's liability is limited to 90% by considering the Plaintiff's negligence as 10%.
2. Except as otherwise stated below within the scope of damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ arguments are not separately explained.
The amount of damages shall be discarded less than the won and less than the month of the last month, and the amount shall be calculated according to the reduction rate which deducts the interim interest at the rate of 5/12 percent per month at the time of the accident.
1) In the report on the survey on the actual condition of construction wages, the rate of the latter part of the ordinary part of the urban daily wage is applied 2) the rate of the latter part of the disability and the rate of the labor ability loss - the period of hospitalization (from March 30, 2015 to June 12, 2015): 100% - After the period of hospitalization: According to the result of the court's physical examination of Busan University Hospital, according to the result of the court's physical examination of the hospital, it is recognized that the rate of labor ability loss is 15% because it falls under the "person who remains after the person's appearance" as class 13 of class 2 of the attached Table 2 of the Enforcement Decree of the State Compensation Act, but the method of calculating the rate