(영문) 서울중앙지방법원 2015.09.17 2014가단5072268

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(영문) 서울중앙지방법원 2015.09.17 2014가단5072268

손해배상(자)

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1. The Defendant’s KRW 4,370,045 as well as the Plaintiff’s annual rate from July 25, 2013 to September 17, 2015.

Reasons

1. Occurrence of liability for damages;

A. Recognizing the facts, B, at around 16:10 on July 25, 2013, driven a 1.2 metric tons truck, owned by C, and driven a two-lane road at a point 272.4 km away from the Seocho-gun, Jincheon-gun, Jincheon-gun, the lower part of the E-driving vehicle, which is parked in the front body of the vehicle at the front section of the said vehicle, shocked into the front part of the said vehicle, and caused the said vehicle to shock the rear part of the said vehicle (hereinafter referred to as “instant accident”), and thereby, the Plaintiff (IF Women) who was on board the rear seat of the said vehicle at the rear seat of the said vehicle at the front section of the said vehicle.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the above cargo vehicles.

[Evidence] Evidence Nos. 1 and 2, Evidence Nos. 5-2 through 7, and the purport of the whole pleading

B. The Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident, inasmuch as B, while driving the said cargo vehicle, caused the instant accident to the Plaintiff.

C. The Defendant asserts that the Defendant’s liability for damages should be limited in consideration of such circumstances since the Plaintiff did not fasten the safety belt at the time of the instant accident, but there is no evidence to prove that the Plaintiff did not fasten the safety belt at the time of the instant accident. Therefore, the Defendant’s above assertion is difficult to accept.

2. Scope of liability for damages

A. On the premise that the age at the time of the instant accident remains 73 years and 11 months, the Plaintiff seeking compensation of KRW 6,427,834 for the actual income of one year from the date of the instant accident, based on the daily daily wage of an urban ordinary worker, based on the maximum working age of one year from the date of the instant accident.

However, it is the basis for calculating the lost income of people who mainly engage in daily work.

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