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(영문) 울산지방법원 2018.11.30 2017가단71682
손해배상(자)
Text

1. The Defendant’s KRW 31,247,984 as well as 5% per annum from January 23, 2016 to November 30, 2018, respectively, to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. On January 23, 2016, at around 09:42, the Plaintiff was parked in a vehicle C (hereinafter referred to as “Defendant vehicle”) with a vehicle stopping in order to take off and cross the air for signal, located in the new-roter located in Ulsan-gu, Ulsan-gu, Seoul-do.

(2) The Plaintiff suffered bodily injury, such as the so-called Hacheon Madern Madern, etc., due to the instant accident.

3) The defendant is an insurance company which has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle. [The fact that there is no dispute over grounds for recognition, entries in Gap evidence 1 through 5, and the purport of the whole pleadings.

B. According to the above recognition of the liability for damages, the defendant, who is the insurance company of the defendant vehicle, is liable for the damages suffered by the plaintiff due to the accident of this case.

2. Scope of damages;

A. Property damage 1) Loss: Personal information of KRW 24,853,233 (A): The same shall apply to the entry in the column of “basic matters” in the attached amount of damages calculation sheet.

B) Income and operating period: 12% of the disability rate due to damage to normal people’s urban daily wage, 60 years old), aftermath disability and labor ability loss rate (invert V-D-1-b, 50% contribution rate) shall be applied only to the market for six years, and 50% of the contribution rate for the period of hospitalization from January 23, 2016 to March 22, 2016 shall be reflected in the calculation of the amount of damages: 2. The same shall apply to the statement in the “total amount of lost income” column in the annexed sheet for calculating the amount of damages: 781,80 won that the Plaintiff claimed 2,109,830 won as the amount of divers treatment cost.

However, when the victim has received insurance benefits pursuant to the National Health Insurance Act due to a third party's tort, the National Health Insurance Corporation shall, within the scope of the amount of such benefits, substitute and acquire the victim's damage liability, and when the victim's negligence and king conflict with the victim's damage, the amount of the insurance benefits shall be deducted from the amount of damages calculated first, and the amount of the insurance benefits shall be deducted from the amount

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