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(영문) 광주지방법원 2019.07.05 2018나64305
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasoning for the court’s explanation as to the occurrence of the Defendants’ liability for damages and the limitation thereof is as stated in paragraph (1) of the first instance judgment, except for the modification of part of the judgment by the court of first instance as follows. As such, this part of the reasoning for the judgment by the court of first instance is cited in accordance with

The following shall be added between Section 14 and Section 14 of the 3rd 15 [Ground for Recognition] to the effect that there is no dispute over “(applicable for Recognition],” Gap’s evidence 1 through 9, 11, 12, 13, 15, evidence 17 through 20, Eul’s evidence 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings,” and the following:

However, in light of the circumstances leading up to the occurrence of the instant accident, etc. revealed in the above recognition, since the signal number at the time of the instant accident was loaded onto Defendant A, who is the driver of the vehicle involved in the accident, sent a signal to the Defendant A, who is the driver of the vehicle involved in the accident, and thus, the victim had been able to prepare for the risks that may occur in the course of work, such as leaving away from the vehicle involved in the accident at a safe place, etc., but was at the time of the accident, and the victim did not pay any particular attention, and such negligence was caused by the occurrence and expansion of the instant accident. Therefore, the Defendants’ liability is limited to 20% by taking into account this.

The calculation of the scope of liability for damages shall be made on a monthly basis, and the amount less than the last month and less than the cost shall be discarded, and the present price calculation at the time of the accident shall be made according to the discount method that deducts intermediary interest at the rate of 5/12 per month.

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

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6 through 10, rule of experience, purport of whole pleadings 1) passive damages (actual imports).

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