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(영문) 서울중앙지방법원 2015.11.26 2014가단5079207
손해배상(자)
Text

1. The Defendant’s KRW 41,437,628 as well as the Plaintiff’s KRW 5% per annum from March 15, 2013 to November 26, 2015.

Reasons

1. Occurrence of liability for damages;

A. Recognizing the facts, B, at around 15:10 on March 15, 2013, loaded the Plaintiff’s body into the dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried 16 meters from the said cargo while carrying the Plaintiff’s body on the upper left side of the said cargo, with the Plaintiff’s body on the upper left side of the said cargo (hereinafter “instant accident”), and caused the Plaintiff’s bodily injury to the upper part of the said cargo, such as the upper part and the upper part of the said cargo, and the Plaintiff’s bodily injury to the upper part of the said cargo.

B was sentenced on October 31, 2013 to a conviction of injury resulting from occupational negligence (Skcheon District Court 2013Ma533), and this judgment became final and conclusive as it is.

The defendant is an insurer who has concluded an automobile insurance contract with respect to the above forkives operated by B.

[Evidence] Documents Nos. 1, 2, 3, and 22, the purport of the whole pleadings

B. According to the above facts as to the occurrence of liability, the Defendant is liable for compensating the Plaintiff for the damages incurred by the Plaintiff due to the instant accident, as it caused the instant accident to the Plaintiff while operating the said car by operating the said car.

C. The Plaintiff was able to anticipate that he could decrease the stoves in the process of operating the Plaintiff Company B and moving the stoves. Thus, the Plaintiff’s liability is limited to 85% of the Defendant’s liability in consideration of the foregoing circumstances, given that the Plaintiff’s negligence was committed on the side of the Plaintiff’s stoves while neglecting due care.

(15%) 2. The scope of liability for damages is as shown in the attached Table of Calculation of Compensation for Damages, except as otherwise stated below.

The intermediate interest shall be deducted at a single interest rate of 5/12 per month.

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