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(영문) 창원지방법원 2015.02.06 2013가단2323
손해배상(자)
Text

1. The Defendant’s KRW 2,504,536 as well as the Plaintiff’s annual rate of KRW 5% from April 26, 2011 to February 6, 2015.

Reasons

1. Occurrence of liability for damages;

A. 1) A bus driver belonging to the Gyeongnam-si is the vehicle of the Gyeongnam-si (hereinafter “Defendant vehicle”) around 10:00 on April 26, 201, the bus driver belonging to the Gyeongnam-si is the vehicle of the Gyeongnam-si (hereinafter “Defendant vehicle”).

A) While driving a vehicle and driving a vehicle into Daegu-do, Daegu-do, and driving a vehicle at a point of approximately 500 meters in the front of the same lane, unfolded the C truck that was going ahead of the same lane, but did not give a proper view to the front at a point of about 500 meters in the front of the city, and resulting in the Plaintiff’s injury to the Plaintiff (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.

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

C. The Defendant asserts that the Plaintiff’s negligence at the time of the instant accident should be offset against negligence, on the ground that at the time of the instant accident, the Plaintiff did not wear the safety labelling, but there is no evidence to prove that the Plaintiff did not wear the safety labelling, and the Plaintiff’s negligence cannot be found to be considered as to the occurrence or expansion of damages caused by the instant accident. Therefore, the Defendant’s assertion

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to Gap evidence 3 and the purport of the whole pleadings

2. In addition to the separate statements below the scope of liability for damages, it shall be calculated at present in accordance with the calculation method of the attached amount of damages, which deducts the interim interest at the rate of 5/12 per month as a simple interest, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, and it shall be rejected that the parties’ arguments have not separately explained.

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