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(영문) 울산지방법원 2017.07.12 2015가단27438
손해배상(자)
Text

1. The Defendant’s KRW 11,963,531 as well as the Plaintiff’s annual rate of 5% from April 14, 2014 to July 12, 2017, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition are as follows: (a) around 14:54 on April 14, 2014, B driven a Cchip car (hereinafter “instant car”); (b) proceeded one-lane of the three-lanes in front of the Daegu Bank located in the northwest-gu, Ulsan-gu, Ulsan-do, into the front side of the new answer distance. (c) On the two-lane apartment, the Plaintiff crossing the Plaintiff, who walked from the right side of the car driving direction toward the road to the left side of the road, was injured by the front part of the car, and caused the Plaintiff’s injury, such as the alley.

(hereinafter “instant accident”). The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the instant passenger car.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 2 (including paper numbers), the purport of the whole pleadings

B. The Defendant, as an insurer of the instant passenger car, is liable for the damages suffered by the Plaintiff due to the instant accident.

2. According to the evidence, prior to the limitation of liability for damages, a crosswalk installed around the location where the instant accident occurred is not visible, and the Plaintiff can find the fact that the instant accident occurred while crossinging a three-lane road without permission by driving the three-lane road.

In calculating the damages of this case, the Plaintiff’s negligence is considered, but the Defendant’s liability is limited to 65% of the total damages.

3. In principle, a 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 KRW 10 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal information: The same shall apply to the entry in the column for “basic matters” in the attached Form for calculation of damages: 802,832 won per month (reported income amount) shall be the monthly average of women with experience of not less than 10 years among the employees of lodging and restaurant businesses in the report on the fact-finding survey by type of employment.

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