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(영문) 울산지방법원 2017.11.30 2016가단68726

손해배상(자)

Text

1. The Defendant’s KRW 117,294,829 as well as 5% per annum from December 5, 2014 to November 30, 2017 to the Plaintiff.

Reasons

1. Occurrence of and limitation on liability for damages;

A. At around 05:20 on December 5, 2014, B is a vehicle C (hereinafter “Defendant vehicle”).

ii)A DPoter vehicle operated by the Plaintiff (hereinafter referred to as the “Plaintiff vehicle”) driving in the course of changing the vehicle into three lanes in the same direction while driving the vehicle along the two-lanes from the upper preventing point of view to the economic promotion center located in Ulsan-gu, Ulsan Metropolitan City along the two-lanes.

2) The lower part of the left-hand part of the Defendant’s vehicle’s vehicle’s left-hand part is an accident attributable to the lower part of the Defendant’s vehicle’s right-hand part.

(2) The Plaintiff suffered injury, such as the cutting of sacr and sacrines on both sides, the cutting of the right sacrifs, etc., due to the instant accident.

3) Meanwhile, the defendant is an insurance company which has entered into a comprehensive automobile insurance contract with respect to the defendant's vehicle. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1 through 4, and 13, and the purport

B. According to the facts of recognition as above, the defendant, who is an insurer for the defendant's vehicle, is liable to compensate for the damages suffered by the plaintiff due to the accident in this case.

C. Restrictions on liability for damages: (a) the Plaintiff’s vehicle, which was proceeding on the rear side, was negligent in failing to discover the previous vehicle’s change of the vehicle despite the duty of care to drive while considering the traffic situation of the front side; and (b) thus, the Defendant’s liability is limited to 80% in consideration of such circumstances.

2. Except as otherwise provided under the scope of the amount of damages, it shall be the same as each corresponding item of the attached Table of Calculation of damages, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value at the time of the accident of the amount of damages shall be calculated by deducting the interim interest at the rate of 5/12 percent per month.

In addition, it is rejected that the parties' arguments are not stated separately.

c)property;