beta
(영문) 대구지방법원포항지원 2015.11.24 2014가단9562

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. At around 00:25, July 21, 2013, B: (a) Category C vehicle (hereinafter “Defendant vehicle”)

) While driving a vehicle and driving a two-lane road in front of the Han-do Saemaul Depository, which is located in the Goung-dong, in the direction of the port station in the port of port of port, the vehicle of the defendant, in the direction of the port of port of port of port of port of port, conflict with the plaintiff who crosses the road to the right from the left side of the course of the vehicle of the defendant, and was injured by the plaintiff, such as pulverging in the right-hand spon of the sponter (hereinafter referred to as the "accident of this case").

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff as the insurer of the defendant vehicle.

C. According to the evidence duly admitted prior to the limitation of liability, the Plaintiff’s liability is limited to 80% of the Defendant’s liability by taking account of the above error, since the Plaintiff’s accident occurred while crossing the road without using the crosswalk, even though the crosswalk was in the vicinity of the location where the instant accident occurred.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be 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 stated separately.

Personal information 1) Personal information: as stated in the “basic matters” list of damages calculation sheet in attached Form 1: income and operating period: urban daily wage.