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(영문) 부산지방법원 2017.08.17 2016나55544
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Occurrence of liability for damages;

A. 1) B is deemed as C-si (hereinafter “instant taxi”).

(2) On March 30, 2015, the Defendant is the driver of the instant taxi, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with respect to the instant taxi. B (a) around 16:35, 2015, while driving the instant taxi and attempting to change the instant taxi into a four-lane line while driving three-lanes on the luminous Zone in Busan High-dong, Busan High-dong, Busan High-gu, and (b) caused the injury of the Plaintiff, who was on board the back seat, such as the upper left-hand chill and the inner chill.

(hereinafter referred to as the “instant accident”). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 2 and 3 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

B. According to the occurrence of liability for damages and the recognition of the above restriction, the defendant is liable to compensate for damages suffered by the plaintiff due to the instant accident as a mutual aid business entity of the instant taxi.

However, in full view of the testimony and the purport of the entire arguments by the witness B of the first instance trial, it is recognized that the Plaintiff failed to wear the safety labelling at the time of the instant accident, and such negligence by the Plaintiff is the cause of the expansion of damages caused by the instant accident, and thus, the Defendant’s liability is limited to 90%.

2. Except as otherwise stated below within the scope of damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ arguments 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.

1) In the report on the fact-finding survey of construction works’ wages, the average worker’s urban daily wage shall be applied 2) later disability and labor capacity loss rate - The actual period of hospitalization from March 31, 2015 to June 12, 2015, or from March 30, 2015 to June 11, 2015 for calculation convenience.

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