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(영문) 제주지방법원 2015.01.14 2014나840
손해배상(자)
Text

1. Of the judgment of the first instance court, KRW 129,878,622 against the Plaintiff as to the Defendant and its related thereto, from February 20, 201 to January 14, 2015.

Reasons

1) B is the Defendant vehicle at around 03:20 on February 20, 201 (hereinafter referred to as “Defendant vehicle”). B is the Defendant vehicle at around 03:20.

(2) While driving his/her vehicle and driving his/her vehicle to the public health clinic at the fourth distance from Jeju-si, the driver neglected his/her duty of care to care for the front side of the road, which led to the failure of his/her driver to care for the front side of the road, thereby resulting in the Plaintiff’s injury, such as the front side of the Defendant vehicle, due to his/her failure to care for the front side of the road. (2) The Defendant is the insurer who entered into the comprehensive automobile insurance contract with respect to the Defendant vehicle.

[Reasons for Recognition] Fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3 (including virtual numbers), and the fact that the court below acknowledged the purport of the whole pleadings as a ground for the purport of the defendant vehicle's liability, the defendant is the insurer of the defendant vehicle, who is liable for compensation for the damages suffered by the plaintiff

However, according to the above evidence, the plaintiff is also erroneous in crossing a road on which vehicle traffic is frequent at night, and such negligence also caused the occurrence of the accident in this case and the expansion of damages. Therefore, it is reasonable to consider the defendant's liability in calculating the amount of damages that the defendant should compensate for, but it is reasonable to consider it as 40%. Thus, the defendant's liability is limited to the remaining 60%.

In principle, the period of calculating the scope of liability for damages shall be calculated on a monthly basis, but the period less than the middle month shall be included in the period in which the appraised value is small, and the amount less than the last month and less than the won shall be discarded, and the current price shall be calculated at the time of the accident of this case by the simple discount method that deducts the interim interest at the rate of 5/12 per month.

(a) Actual income: 28,138,191 won: Personal information;

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