beta
(영문) 부산지방법원 2016.12.15 2015가단229958

손해배상(자)

Text

1. The Defendant’s KRW 33,273,502 as well as the Plaintiff’s annual rate of KRW 5% from March 3, 2015 to December 15, 2016.

Reasons

1. Occurrence of liability for damages;

A. On March 3, 2015, the Plaintiff: (a) around 22:00, while driving the third apartment in Busan Metropolitan City, Daegu Metropolitan City, Busan Metropolitan City, and then driving the road on the offbane, the Plaintiff was injured by B5 tons truck (the conclusion of the comprehensive automobile insurance contract with the Defendant; hereinafter “instant truck”) of B5 tons truck (the instant truck”) in order for the driver to illegally drive the truck on three-lanes, and was faced with the wind to get off the truck, and suffered injury, such as cutting off the upper part of the right edge and cutting down.

(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. The Defendant is liable to compensate for the Plaintiff’s damage caused by the instant accident that occurred due to the care of the truck driver of the instant truck.

However, considering the location of the instant accident recognized by the video of the evidence No. 1, the Defendant’s liability is limited to 90% in consideration of the fact that the Plaintiff was negligent in violating the duty of safe driving even if the instant accident occurred.

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) On the basis of the monthly sales in 2014, 201 2,166,666 won (i.e., 26,00,000 won ± 12) the calculation of the rate of injury and labor ability loss (ii) the calculation of the rate of 18 per cent of the labor ability loss rate from March 3, 2015 to April 3, 2015 (i.e., the rate of 100 per cent of the labor ability loss rate) of the annexed sheet for calculating the amount of damages (12,72,036 won). The same shall apply to the column for calculating the amount of damages (i.e., the rate of 12,72,036 won).

(b) Expenses for medical treatment 2,409,088 won;

(c) The removal of metal fixtures from future treatment costs is KRW 3 million and KRW 3.5 million for physical treatment costs for six months.