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(영문) 부산지방법원 2015.06.25 2013가단46326
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 1,00,00 for each of the said KRW 5,709,761 won, Plaintiff B, C, and D, and each of the said KRW 1,00,000 for each of the said KRW.

Reasons

1. Occurrence of liability for damages;

A. On May 24, 2012, the person who was unaware of the fact of recognition was driving a car at around 13:10 on May 24, 2012, and was entering from the Yandong-dong, Youngdong-dong, Busan, the Plaintiff, who was getting a bicycle, was shocked to A, thereby causing injury to A, such as the opening of the back to the right line.

(hereinafter “instant accident”). The Defendant is an insurer which has entered into a comprehensive automobile insurance contract with a person in unsound name.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the facts of recognition of the above liability, the defendant is liable to compensate the plaintiff for damages caused by the instant accident due to the violation of the duty of care on the transfer of the person who has failed to obtain the name, as the insurer of the deceased person.

2. Except as otherwise stated below within the scope of damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ arguments are not separately explained.

The amount of damages shall be discarded less than the won and less than the month of the last month, and the amount shall be calculated according to the reduction rate which deducts the interim interest at the rate of 5/12 percent per month at the time of the accident.

1) “Basic Matters” in the attached table of calculation of the amount of damages for each type of employment in 2012, as stated in the table of calculation of the amount of damages. 2) Occupation and income - Operation of Timber from 1999 - lost income of business income earners - Value of labor excluding the amount of capital input. The report on fact-finding survey of labor by type of employment in 2

Ⅲ In the application of statistical table 13. Occupational categories (China), career experience, number of years and gender, annual special benefits, hours of work, and 73. Fluence items related to timber and signboard-related functional categories among the number of workers, the monthly salary of women for at least 10 years is KRW 1,578,00 and annual special benefits is KRW 1,301,00, and the monthly average of KRW 1,686,416 is recognized. This is because it is lower than the monthly wage of ordinary workers who engage in urban daily labor, and thus, the application of ordinary wages is 3 later disability and disability.

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