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1. The Defendants amounting to KRW 39,953,304 for each Plaintiff, and KRW 5% per annum from March 10, 2014 to February 9, 2017.
Reasons
1. Basic facts
A. On March 10, 2014, around 08:10, the Plaintiff parked the freight truck owned by the Plaintiff at the Defendant MEEMT (hereinafter “Defendant Company”)’s business establishment, and kept in compliance with the cargo unloading operations, Defendant B, who operated the vehicle at that time and carried out tepting operations, covered the Plaintiff by falling off, and thereby, caused the Plaintiff’s injury (hereinafter “instant accident”). As a result, the Plaintiff suffered from the Plaintiff’s injury, such as the two open top, the ethal damage, etc. (hereinafter “instant accident”).
B. Due to the instant accident, the Plaintiff received hospitalized treatment at the Dong University Hospital from March 10, 2014 to June 11, 2014, on the day of the instant accident.
【Ground of recognition】 The facts without dispute, Gap evidence Nos. 1 through 3 (including additional number), the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the facts acknowledged earlier, Defendant B should pay attention to avoid falling down in the operation of Defendant B, but he caused the instant accident by negligence in violation and thereby sustained injury to the Plaintiff. As such, Defendant B is liable for compensating the Plaintiff for the damages suffered by the Plaintiff due to the instant accident. Defendant B is the employer of Defendant B, who is the employer of Defendant B, and is jointly liable for compensating the damages suffered by the Plaintiff.
B. Meanwhile, the Plaintiff appears to have failed to wait at a safe place at the time of Defendant B’s trucking operation, and had not worn a safety cap. Such negligence of the Plaintiff is deemed to have been partly caused by the occurrence and expansion of the instant accident, and thus, the Defendants’ responsibility is limited to 80%.
3. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed table of calculation of damages shall be the same, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis.
The current value of damages at the time of the accident shall be 5/12 percent per month.