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(영문) 서울중앙지방법원 2018.10.26 2016가단54733
손해배상(자)
Text

1. The Defendant: (a) KRW 8,046,209 for Plaintiff A and KRW 5% per annum from January 4, 2016 to October 26, 2018; and (b).

Reasons

1. Determination as to Plaintiff A’s claim

A. 1) On January 4, 2016, C used a F5 tons truck from two lanes in front of the E-ownership station located in Ansan-si, Ansan-si (hereinafter “Defendant vehicle”) on the two-lanes in front of the E-ownership station located in Ansan-si, Ansan-si (hereinafter “Defendant vehicle”), while neglecting the duty of front-time watching, and neglecting the duty of front-time watching, thereby towing Plaintiff A’s G vehicle (hereinafter “Plaintiff vehicle”).

(B) Due to the instant accident (hereinafter “instant accident”), the Plaintiff A suffered bodily injury, such as c) is the mother of the Plaintiff A and the owner of the Plaintiff’s vehicle, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to the Defendant vehicle.

2) According to the facts found as above, as the plaintiff sustained injury due to the operation of the defendant vehicle, the defendant is liable to compensate the damage suffered by the plaintiff A due to the accident of this case as the mutual aid business operator of the defendant vehicle, barring special circumstances. 3) The defendant asserts that the plaintiff A did not wear the safety belt at the time of the accident of this case, but the above assertion is without merit, since there is no evidence to acknowledge it

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, the purport of the whole pleadings

(b) The scope of liability for damages is as follows, and the period for the convenience of calculation shall, in principle, 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.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 13, the result of the physical appraisal commission and fact-finding inquiry to the director of the National University of Tol, the purport of the whole pleadings 1) human resources: H students' women, income from the end of life expectancy (O. 10, 206. b. October 10, 206): The urban day wage (O. 22) of the ordinary part, and the latter disability.

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