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(영문) 광주지방법원 2016.10.05 2015가단529121
손해배상(자)
Text

1. The Defendant’s KRW 190,753,776 to the Plaintiff and KRW 5% per annum from October 9, 2013 to October 5, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition are as follows: (a) on October 9, 2013, the Defendant driving a EKaman-kyle vehicle around 18:40, and driving one lane among the two-lanes of G front G in Gwangju North-gu, Gwangju, the Defendant shocked the Plaintiff who crosss the said road to the right side from the left side of the Defendant’s running direction, and suffered injury to the Plaintiff, such as blood transfusion, etc. (hereinafter “instant accident”), and there is no dispute between the parties.

B. According to the above facts of recognition of liability, pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act, the Defendant is liable to compensate the Plaintiff for damages arising from the instant accident.

C. The limitation of liability is also limited to 70% of the Defendant’s liability, since the Plaintiff was involved in the instant accident while crossing a two-lane road at night without permission.

2. In addition to a separate statement below the scope of damages, it shall be calculated at present in accordance with the calculation method in the attached sheet of damages (in accordance with the calculation method in which interim interest is deducted at the rate of 5/12 per month, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but the period for the convenience of calculation shall be calculated on a monthly basis, but the amount less than a month shall be included on the side which is less than the original and less than the last month), and it shall be rejected that the parties’ claims are not separately explained.

(1) The facts of recognition and evaluation (a) personal information of the actual income: The same shall apply to the statement of "(basic matters)" in the attached Form for calculation of damages.

In particular, as to the Plaintiff’s life expectancy and the end date of life expectancy, it is reasonable to see that the Plaintiff’s final life expectancy is 25% of the average life expectancy, on the ground that the Plaintiff’s physical condition is not good, such as the Plaintiff’s brain damage caused by the death of heavy symptoms, the Plaintiff is in a position equivalent to the plant life, the Plaintiff’s meals with misconduct, and the horses cannot be made.

(B) It is reasonable to deem that the Plaintiff could have earned income equivalent to the average wage as an ordinary father of an urban female until he/she reaches 60 years of age.

(c)competence; and

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