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1. The Defendants jointly and severally agreed to the Plaintiff KRW 11,717,676 and 5% per annum from November 3, 2017 to October 29, 2019.
Reasons
Basic Facts
Around 08:15 on November 3, 2017, Defendant C was driving an E Pump truck (hereinafter “instant Pump truck”), a construction machinery owned by the Defendant Company, at the night site of Defendant B Co., Ltd. (hereinafter “Defendant Company”), and did not discover the f25.5 tons dump truck (hereinafter “instant dump truck”) that is the construction machinery owned by the Plaintiff, which was stopped, in order to perform the work of offshore loading and unloading in the rear bank, and did not discover the dump truck (hereinafter “instant dump truck”) and destroyed the instant dump truck loaded on the left side of the instant dump truck with the Plaintiff, who is the driver of the instant dump truck, and caused an accident (hereinafter “instant accident”).
[Ground of recognition] The plaintiff asserted the following facts: Gap's statements in Gap's 1 through 5, 18 through 20 evidence (including each number; hereinafter the same shall apply) and the purport of the whole oral argument as to the purport of the whole oral argument (i.e., KRW 41,587,373 in total due to the accident of this case (i.e., daily actual income of KRW 7,261,453 in repair cost of KRW 13,091,980 in repair cost of KRW 13,233,940 in consolation money of KRW 10,00 in total). Thus, the plaintiff claimed damages for tort against the defendants.
Judgment
As seen earlier, the damage liability of this case was destroyed by the instant dump truck due to the instant accident, and the Plaintiff suffered the injury, and it is recognized as due to the negligence of Defendant C, a driver of the instant dump truck, barring any special circumstances.
Therefore, Defendant C is liable to compensate the Plaintiff for damages caused by the tort, and the Defendant Company is the operator under the Guarantee of Automobile Accident Compensation Act of the pertinent paint or the user of Defendant C as prescribed by the Civil Act, and is jointly and severally liable with Defendant C for the said damages.
In full view of the court’s entrustment of appraisal to appraiser G, the scope of active damages and the purport of the entire pleadings.