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(영문) 부산지방법원 2016.07.14 2014가단66877

손해배상(자)

Text

1. As to Plaintiff A’s KRW 75,208,243, and KRW 5,00,000 to Plaintiff B, and each of the said money, the Defendant’s payment from May 18, 2013 to May 2016.

Reasons

1. Occurrence of liability for damages;

A. The Defendant, on May 18, 2013, driven a D private taxi on April 07:26, 2013, went in violation of the signal, from the direction of the Jinyang-dong, Busan to the intersection of the Jinyang-dong, Jinyang-dong, Jinyang-dong, the Defendant was unable to discover the E-Minbaba of the Plaintiff’s driving, who was proceeding along the crosswalk at the crosswalk at the parallel of the Jinyang-dong, Jinyang-dong, the Defendant sustained the Plaintiff’s injury, such as a non-fincing alley.

(hereinafter referred to as "the accident of this case"). [Grounds for recognition] The facts of no dispute, Gap evidence 1 through 5, 27, Eul evidence 4 and the purport of the whole pleadings.

B. The defendant is liable to compensate the plaintiffs for damages caused by the accident of this case caused by the violation of signal.

C. In the case of Plaintiff A, rather than seeking a U-turn, it seems that Plaintiff A suffered the instant accident while crossinging the crosswalk or making a left-hand turn on the pedestrian signals, rather than seeking a U-turn. As such, Plaintiff A’s negligence in breach of the duty of safe driving is deemed to have caused the instant accident and the expansion of damages, the Defendant’s liability is limited to 70% by taking into account Plaintiff A’s negligence into account 30%.

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 report on the survey of wage status of construction business, the urban daily wage of an ordinary worker shall be applied 2) the spirit of the latter disability and the labor ability loss rate: 52% of the two brain heads of Mabrid disability assessment table and 52% of the permanent disability (the occupational coefficient 4 is applied on the appraisal report, but the new boundary problem is applied 3).