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(영문) 부산지방법원 2015.06.16 2013가단89613

손해배상(자)

Text

1. The defendant,

A. 72,688,695 won to Plaintiff A;

B. Plaintiff B’s KRW 5,00,000 and each of them on December 17, 2011

Reasons

1. Occurrence of liability for damages;

A. On December 17, 201, C: (a) around 19:55, December 17, 201, 201, C is F-si on the street in front of the E-Maart located in Geum-gu, Busan (hereinafter “accidentd vehicle”).

) While driving a vehicle and making a left turn from G to H community service center room, the Plaintiff, who illegally crossed the front side of the vehicle in front of the accident vehicle, without permission from the front side of the accident vehicle to the right side, took the front side of the vehicle in front of the above accident vehicle and got the Plaintiff to go beyond the ground floor, and caused the Plaintiff to suffer bodily injury, such as cutting down two alleys, etc. (hereinafter “instant accident”).

(2) Plaintiff B is the spouse of Plaintiff A, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to an accident vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 5-1, Eul evidence 5-7 through 9, the purport of the whole pleadings

B. According to the recognition of liability and the recognition of the above limitation, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident in this case as a mutual aid business operator of accident vehicle.

However, in full view of the evidence mentioned above, Eul evidence Nos. 1 and Eul evidence Nos. 5-12 and the purport of the whole pleadings, the defendant's liability is limited to 50%, taking into account the following circumstances: (a) the plaintiff's error and accident vehicle's speed are not fast and low; and (b) the damage result of the plaintiff A due to the accident in this case occurred, even though the plaintiff's error and accident vehicle's degree were relatively low.

2. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the current value calculation at the time of the accident of damages shall be in accordance with the simple interest rate which deducts intermediary interest at the rate of 5/12 per month, and it shall be deemed to have been rejected that which is not written among the parties' arguments; and

[Ground of recognition] A.