부당이득금
In the judgment of the first instance, the part against the defendant (Counterclaim) regarding the main lawsuit shall be revoked, and the revocation part shall be applicable.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract between October 2010 and October 25, 201 with respect to a vehicle C (hereinafter “Plaintiff”) with respect to the insurance period from October 25, 2010 to October 25, 201.
B On August 29, 2011, at around 17:30 on August 29, 201, the Plaintiff’s vehicle was driven by the previous owner of the vehicle, and the Taejin-gu Seoul Metropolitan Government 1 was on the front road of the Taejin-gu Seoul Metropolitan Government. The part of the Defendant’s left side side of the vehicle walking along the road was shocked with the front right side of the said vehicle, and suffered the Defendant’s injury of
(2) The Plaintiff is liable for damages incurred by the Defendant as the insurer of the Plaintiff’s vehicle, inasmuch as the Plaintiff’s accident occurred due to the negligence of B, which is the Plaintiff’s driver, according to the following facts: (a) there is no dispute over the instant accident [the grounds for recognition]; (b) the entry of the evidence Nos. 10, 11, and 12 (including the virtual number); and (c) the purport of the entire pleadings.
However, pedestrians should pass along the roadsides in the direction opposite to vehicles and horses on a road that is not divided into a sidewalk and a roadway (Article 8(2) of the Road Traffic Act), but considering the fact that the Defendant passed the same direction as that of the Plaintiff’s vehicle at the time of the instant accident, pedestrians are limited to 95% of the Plaintiff’s responsibility.
The period of calculating the scope of compensation for damage shall be calculated on a monthly basis, and less than the last month and less than won shall be discarded, and the current price shall be calculated at the time of the accident of the amount of damages by the method of simple interest deduction calculated at the rate of 5/12 per month.
In case of lost income: The gender of 3,153,180 won: The date of birth of a female: The date of birth of a female: August 29, 201 (the date of age 46 and 28 years): The defendant, as a family owner, did not have any special income. Therefore, it is deemed that the defendant could have earned income equivalent to the urban daily wage during the 22th day of each month.
Maximum working age: February 2025, when the maximum working age reaches 60 years of age.