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(영문) 울산지방법원 2015.01.30 2014가단11061

손해배상(자)

Text

1. The Defendant: 12,813,445 won to the Plaintiff, and 5% per annum from July 16, 2013 to January 30, 2015, and the next day.

Reasons

1. Basic facts

A. On July 16, 2013, at around 17:00, the Plaintiff driven a 1 ton B 1 ton vehicle (hereinafter referred to as “victim”) and was sent at the two-lane crossing of the distance near the Ulsan-gu Postal Zone North East-dong Postal Track apartment of the Postal Ari-gu, Ulsan-gu, the North Korean Postal Zone (hereinafter referred to as the “Postal Track”) at the two-lane crossing of the distance near the Kack apartment, which Non-Party C is driving.

(hereinafter referred to as the "accident of this case").

The Plaintiff suffered injury to salt, tension, etc. due to the instant accident.

C. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for harming vehicles.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including paper numbers) or the purport of the whole pleadings

2. According to the factual basis as seen earlier prior to the occurrence of liability for damages, the accident in this case is deemed to have caused the fault of the driver of a sea-going vehicle due to the violation of the duty to keep the driver from driving on the front of the sea-going vehicle. Therefore, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident

3. A period for calculating the scope of liability for damages shall, in principle, be calculated on a monthly basis, but less than a month shall be included in the side on which the appraised value is less than a month, and less than a won and less than a last month shall be discarded, and the present price shall be calculated at the time of the accident of the amount of damages by the simple discount method which deducts intermediary interest at the rate of 5/12 per month

In addition, if the numerical value of heading exceeds 240, the number of heading in order to prevent excessive compensation is limited to 240.

In addition, a party’s assertion that is not mentioned separately shall be rejected.

(1) On the (i) Basics: Gender, birth date, age 39, age 27, September 27, 39 at the time of the accident, the Defendant asserts to the effect that the Defendant should calculate the lost income based on the daily wage of the city ordinary person, but the written statement or statement in Gap Nos. 5 through 8 (including the serial number).