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(영문) 서울중앙지방법원 2016.07.06 2014가단5136391
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 214,734,587 to the Defendant (Counterclaim Plaintiff) and its related amount from March 2, 2013 to July 6, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are C Dump trucks around 07:20 on March 2, 2013 (hereinafter referred to as the “Plaintiff”).

) A driver was driving and a three-wheeled in the field of D Civil Works in Ischeon-si, Tacheon-si, and another person was engaged in an injury to the Defendant, such as thale and thale, due to its shock (hereinafter referred to as the “accident”).

(2) The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 5 through 10, 19, 20, purport of the whole pleadings

B. According to the facts of recognition of liability, the Plaintiff is liable for the damages suffered by the Defendant as the insurer of the Plaintiff’s vehicle.

C. However, according to the above evidence, the Plaintiff’s liability is limited to 90% by comprehensively taking into account all the circumstances revealed in the argument of this case, including the fact that there was an error that did not pay sufficient attention to take measures at a dangerous place, such as not wearing a safety cap at a dangerous working place.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

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

According to the result of mental health examination of the director of the Hanyang University Hospital in this Court at the expiration of the life expectancy and the end of life expectancy, the Defendant’s life expectancy constitutes approximately 63.3% compared to the normal person on the basis of the appraisal date ( April 6, 2015), and is presumed to be approximately 18.79 years.

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