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(영문) 서울중앙지방법원 2015.04.24 2012가단307170
손해배상(자)
Text

1. The Defendant’s KRW 6,332,641 as well as the Plaintiff’s annual rate from October 6, 201 to April 24, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B driven a vehicle C (hereinafter “Defendant vehicle”) around 12:17 October 201, and neglected to enter the road at the front parking lot of a restaurant located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), and caused the injury, such as the escape certificate, etc. of conical signboards between 4-5 and the 4-5.

(2) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle.

【Ground for Recognition: Unsatisfy, Gap 2 and 3 evidence (including branch numbers if there are branch numbers); hereinafter the same shall apply)

(3) evidence No. B, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. In light of the evidence of this case, there is no reason to limit the Defendant’s liability in addition to the effect of the king evidence as seen below.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

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

(1) Personal information: The amount of damages shall be as stated in the column for “basic matters” in the attached Form.

(2) The Plaintiff, while serving as a bus driver in a new interest company, received a total of KRW 39,845,502 per year 201, and thus, the Plaintiff’s average monthly amount of KRW 3,320,458 per month is based on the calculation of lost income.

As to this, the defendant has some allowances among the contents of the plaintiff's benefits.

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