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(영문) 창원지방법원 2016.11.25 2015가단88215
손해배상(자)
Text

1. The Defendant: (a) KRW 57,481,69; (b) KRW 11,363,249; and (c) KRW 11,363,249; and each of them, from November 15, 2015 to December 2016.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiffs are large-sized C&A vehicles owned by the Seocho F&C Co., Ltd. (hereinafter “Defendant vehicles”).

(2) On November 15, 2015, the Plaintiffs were on board the Defendant’s vehicle, which is driven by D, and are proceeding to the Chungcheongnamcheon-gun E, Chungcheongnam-do. However, D intended to enter the Gyeong River, but it discovered that the road was cut down and the soil was stored in the direction of the left west 1,000,000. However, the Defendant was able to go to the Defendant’s vehicle by moving to the left river, not the road, and Defendant B suffered injuries, such as the verteball, etc., and Defendant B suffered from the ebrate, etc., of the ebrate.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 3 (including additional numbers), the purport of the entire pleadings.

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiffs for the damages incurred by the accident of this case.

C. The Defendant asserts that the Defendant’s liability for damages should be limited since the Plaintiffs’ failure to wear the safety labelling at the time of the instant accident, thereby expanding the damages. However, the written evidence Nos. 2 and 3 alone is insufficient to recognize the fact that the Plaintiffs failed to wear the safety labelling, and there is no other circumstance to recognize the Defendant’s liability.

2. In principle, the period below the defendant's liability for damages against the plaintiff A shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, the parties' arguments are separate.

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