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1. The Defendant’s KRW 11,834,877 as well as the Plaintiff’s KRW 5% per annum from November 22, 2011 to January 13, 2017.
Reasons
1. Establishment of liability for damages;
A. Although there is no dispute between the parties, or comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 2 and 3, the Defendant’s operation of a serial-free cargo vehicle (hereinafter “instant accident vehicle”) around November 22, 201, and proceeding the road in front of the Gyeong-gun, Gyeongsung-gun, Gyeongsung-gun, Busan-gun, the Gyeongsung-gun, the Gyeongsung-gun, the Gyeong-gun, the Gyeong-si, the Gyeong-si, the Gyeong-si, the Gyeong-si, the Gyeong-si, the Gyeong-si, the Gyeong-si, the Gyeong-si, the Gyeong-si, the Gyeong-si, while driving the scambing-do and the scambing of the central line, conflict with the C truck of the Plaintiff’s driver’s vehicle running at the Jindo-si, the Gyeong-si, the Plaintiff caused the injury, such as the eromatic damage
According to the above facts, the defendant, as the driver of the vehicle involved in the accident of this case, sustained the plaintiff's injury due to the accident of this case that occurred due to the negligence of breaking the central line while driving the vehicle, and thus, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case
B. Meanwhile, according to the purport of the entire pleadings, the Defendant was decided to discontinue the bankruptcy or grant immunity from the Daegu District Court on January 5, 2016 (Seoul District Court Decision 2014Hau2896, 2014, 2014, 2896), and the Plaintiff appealed with Daegu District Court 2016Ra31, but the same court dismissed the Plaintiff’s appeal on June 3, 2016.
However, according to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, along with the "liability for damages caused by an intentional act by an obligor (No. 3)", the "liability for damages caused by an intentional act by an obligor which causes damage to another person's life or body by gross negligence (No. 4)" is stipulated as a non-exempt cause. The "serious negligence" under Article 566 subparagraph 4 of the Debtor Rehabilitation and Bankruptcy Act is defined as a "serious negligence" if the obligor has paid a little attention in performing any act.