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(영문) 창원지방법원 2019.05.10 2018가단116388
손해배상(자)
Text

1. The defendant shall pay to the plaintiff A KRW 5,00,000 for each of the 293,298,259, the plaintiff B, and C, and KRW 3,00,00 for each of the 5,00,000 for the plaintiff D and this shall apply.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Plaintiff A is a driver of the F Gabro 125 R, and the Defendant is G Transporting ST 350cc driver. 2) On November 4, 2016, Plaintiff A driven the above Plaintiff Obato, and tried to drive the said Plaintiff Obato 01:50 on November 4, 2016, in order to reduce the 1-lane Do 1, which is located in the Sungsan-gu, Sungwon-si, Sungwon-si, Sungwon-si, thereby cutting off the cellular phone from J to Samdong-ri, thereby reducing the speed of Oba to the left-hand.

The defendant did not cope with the reduction of the speed of the plaintiff A, who is in the same direction as the plaintiff A, and did not look at the back part of the defendant Otoba, which was the front part of the defendant Obaba, and suffered injury to the plaintiff A, such as cutting on the left side.

(hereinafter referred to as “instant accident”) Plaintiff B and C are the parents of Plaintiff A, and Plaintiff D are the siblings of Plaintiff A. [The deemed confession pursuant to Article 150(3) of the Civil Procedure Act, the basis for recognition.]

B. According to the above facts of recognition, the accident of this case occurred due to the defendant's violation of duty at front guard and negligence in securing safe distance, so the defendant is liable to compensate the plaintiffs for damages caused by the accident of this case.

2. Except as otherwise stated below within the scope of the liability for damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ claims are not separately explained.

The amount of damages shall be discarded less than the won and less than the month of the last month, and the amount shall be calculated according to the reduction rate which deducts the interim interest at the rate of 5/12 percent per month at the time of the accident.

The term "basic matters" in the attached list of damages calculation sheet shall be as stated in the actual income (1).

(2) According to the survey report on the actual wage status of construction businesses published by the KIC, the daily wage shall be calculated (3) by applying the daily wage to the ordinary person (IV-143% (4) in accordance with the left-hand side of the left-hand side of the disability and the labor ability loss rate: The “daily income” column of the attached table for calculating the amount of damages (283,695,419 won).

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