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(영문) 대구지방법원 2014.12.19 2013나186

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is the F Vehicle around 01:40 on September 28, 2009 (hereinafter “Defendant Vehicle”).

2) The Plaintiff, while driving his/her vehicle and driving his/her vehicle, driven the two-lanes of the three-lanes of apartment complex in front of the Daegu Suwon-gu Dogsan-dong, was driven by the front part of the Defendant vehicle, while driving the two-lanes of the two-lanes of the two-lanes of apartment complex on the water and the water and the right side from the left side of the direction. The Plaintiff suffered from the injury, such as the mouths of the bones, bones, bones, etc. of the bones, bones, etc., of the bones of the left side, and the mouths of the body of the body of the left side (hereinafter “instant accident”).

2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 through 8, Gap evidence 9-1 through 7, 9, Eul evidence 1-1, 2, and 3, testimony of witness G of the first instance court and the purport of whole pleadings

B. According to the above facts, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident. However, according to the evidence as seen earlier, the Plaintiff was erroneous in crossing the road without permission, despite the fact that the Plaintiff had the crosswalkd at night, and this is deemed to have caused an accident. Thus, the Defendant’s liability is limited to 70% by considering the negligence as 30%.

2. In addition to the scope of damages under separate specifications, each item of the annexed Table 1 of the amount of damages calculation sheet shall be the same, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of the interim interest at the rate of 5/12 per month.

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

Personal information on daily income: A list of damages calculated in attached Form.