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(영문) 울산지방법원 2018.08.17 2016가단26562

손해배상(자)

Text

1. The Defendant: (a) KRW 205,171,739; (b) KRW 5,00,000; and (c) KRW 2,50,000; and (c) KRW 2,50,000, respectively, to Plaintiff A and D.

Reasons

1. Establishment of and limitation on liability for damages;

A. 1) On July 25, 2013, the F is a G vehicle (hereinafter “Defendant vehicle”) around 21:11, 201.

2) The Plaintiff’s failure to cross on the right side of the above road to the left side of the bus platform (hereinafter “instant accident”) is an accident in which the Plaintiff’s failure to cross on the right side of the above road is shocked (hereinafter “instant accident”).

2) The Plaintiff A suffered injury, such as her external trauma, her external trauma, etc., due to the instant accident.

3) Plaintiff B’s wife, Plaintiff C, and D are Plaintiff A’s children, and the Defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle (based on recognition). [In the absence of dispute, Plaintiff B’s wife, Plaintiff C, and Plaintiff C are the insurance company that entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle (based on recognition], Party A’s evidence Nos.

B. According to the existence of liability for damages and the recognition of the above limitation, the defendant, the insurance company of defendant vehicle, is obligated to compensate the plaintiffs for damages due to the accident of this case.

However, the defendant's liability is limited to 45% in consideration of the negligence of the plaintiff A, since the plaintiff A was at night and even though the plaintiff was at night in the vicinity, due to the negligence of the plaintiff A.

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.

Property damage 1) Actual Income: Personal information of KRW 494,321,886 (A): The same shall apply to the entry in the column of "basic matters" in the attached Form of the damages calculation statement.

B) Name of lease: on March 13, 2021 (the average life of the lease due to the instant accident) 25%.