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(영문) 울산지방법원 2019.08.22 2018나25014

손해배상(자)

Text

1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be modified as follows:

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 damages suffered by the plaintiffs due to the accident of this case.

However, the Defendant’s liability is limited to 45%, taking into account the following circumstances: (a) Plaintiff A was at the night at the time of the instant accident, and at the time of the instant accident, at the time of the instant accident, there was negligence of crossing the two-lane roads without using the road despite the passage of the road; (b) the speed of Defendant A’s vehicle appears to have not exceeded the restricted speed; and (c) Defendant A’s vehicle driver could not have easily discovered Plaintiff A’s unauthorized crossing at night when the passage of the road 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.

At the time of the accident, the interim interest shall be deducted at the rate of 5/12 per month.