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(영문) 울산지방법원 2019.01.18 2016가단62155

손해배상(자)

Text

1. The Defendant’s KRW 60,698,771 as well as 5% per annum from December 12, 2014 to January 18, 2019 to the Plaintiff.

Reasons

1. Occurrence of and limitation on liability for damages;

A. On December 12, 2014, at around 23:40 on December 12, 2014 (hereinafter “Defendant vehicle”).

(ii)In the event of the instant accident, the Plaintiff suffered an accident, such as the alleys of the upper strokes, etc., due to the instant accident, while driving ahead of the two-lanes in the direction of the F department store into two-lanes in the direction of the consul distance.

3) The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with respect to the defendant's vehicle. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 3 (which has a serial number) and the purport of the whole pleadings.

B. According to the occurrence of liability for damages and the recognition of the above limitation, the defendant's vehicle is liable to compensate the damages suffered by the plaintiff since the accident occurred due to negligence in violation of the duty of care to see the front side and drive the vehicle according to the traffic condition of the road.

However, the plaintiff's liability is limited to 40% since the plaintiff was negligent in crossing the side of the four-lanes at night.

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.

Personal data: 1) Personal data: as stated in the column for “basic matters” in the attached table for calculation of damages: occupational income and operating period: urban daily wage, disability rate of 60 years old, and labor capacity loss rate of 1) disability rate - 27% in case of ney and chronology I-A-1-b: 27% in case of ney and chronology I-1-b: 9% in case of neythy.