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(영문) 부산지방법원 2015.07.16 2014가단219213 (1)

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B, around 14:50 on May 19, 2012, 2012, driven a spopian vehicle into the front of the D Hospital located in Busan Seo-gu, Busan, and proceeded to the school from the right side of the spopian to the school from the right side of the spopian, but was negligent in neglecting the duty of the spopian city, and caused injury to the Plaintiff, such as the sprising sphere, salt, etc. (hereinafter “instant accident”).

(2) The Defendant is the insurer of the given save vehicle.

B. The defendant is liable for damages caused by the accident of this case as the insurer.

C. The instant accident place where liability for damages is limited is adjacent to the crosswalk without signal, etc., and the Plaintiff, as the Plaintiff, shall be negligent in crossing the road, due to the movement of the vehicle, etc., and this is therefore, the Defendant’s liability is limited to 90% in consideration of the occurrence and expansion of damages caused by the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, the whole purport of the pleading

2. The following calculation details within the scope of liability for damages shall be, in principle, 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 5/12 percent per month to deduct the interim interest.

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

The plaintiff's damage compensation range 1) The plaintiff suffered from the lost income was the next half of the left-hand slot, but it is reasonable to say that the plaintiff has already been infected with the alley in the left-hand slot, and there was a long frame that can be confirmed by radiation on the left-hand slot, and in light of the fact that there was a long frame that can be confirmed by radiation on the left-hand slot, the plaintiff's loss rate of 5% per year should be determined by the labor ability ratio of 1 year since the left-hand bed and the left-hand bed salt occurred from the accident in this case.