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(영문) 의정부지방법원 2015.11.10 2014가단120690
손해배상(자)
Text

1. The Defendant’s KRW 8,959,692 as well as the Plaintiff’s annual rate of 5% from April 9, 2014 to November 10, 2015.

Reasons

1. Basic facts - B, on March 21, 2014, when driving a C Truck owned by the Master’s Name Co., Ltd. (hereinafter referred to as the “Defendant Truck”) on March 21, 2014, and proceeding to the left-hand turn from the direction of the west-ri, Jin-on, Jin-Eup located in 109-16, Namyang-si, Namyang-si, the front part of the D Truck of the Plaintiff’s driver, who was directly under his/her control pursuant to the new subparagraph, was taken on the left-hand side of the Defendant’s vehicle by negligence at the right-hand turn, despite a stop signal at the time.

[Attachment Form 2] A traffic accident report (see Annex 2). - The Plaintiff suffered injuries, such as salted chills, tensions, and tensions in the Gyeongcheon-do.

- On the other hand, the defendant is a mutual aid operator who has entered into a motor vehicle mutual aid contract for the defendant vehicle between the name of the corporation, and the above accident occurred during the period of mutual aid.

[Ground of recognition] Facts without dispute, Gap 1 through 15 evidence, Eul 1 and 2 evidence (including each number), the purport of the whole pleadings

2. According to the fact that the existence of liability for damages is recognized, the name corporation, the owner of the defendant vehicle, shall be liable for damages suffered by the plaintiff due to the above accident, and the defendant shall be liable the same as the name corporation pursuant to Article 724(2) of the Commercial Act.

3. Scope of liability for damages

A. The loss of lost income equivalent to the monetary total assessment value of the capacity of the Plaintiff lost due to the instant accident is KRW 5,648,320, calculated at the present price at the time of the instant accident, based on the following (i) the facts and assessment as set forth in the following (i) the method of deducting intermediate interest at the rate of 5/12 per month, as Sheshed:

⑴ 인정사실 및 평가내용 ㈎ 성별 : 남자, 생년월일 : E생, 연령 : 사고 당시 45세 10개월 남짓, 기대여명 : 33.81년 정도 ㈏ 가동능력에 대한 금전적 평가 : 도시보통인부 일용노임(원고가 구하는 바에 따름)은 2014. 3.경에는 84,166원, 2014. 9.경에는 86,686원, 2015. 1.경에는 87...

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