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(영문) 부산지방법원 2015.09.23 2013나1812
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff, which additionally ordered payment, falls under the following.

Reasons

1. Occurrence of liability for damages;

A. At around 20:42 October 2, 2007, B: (a) A passenger car owned by it (hereinafter referred to as “fluence vehicle”)

) By driving a vehicle and driving the way in front of the “E” in Busan L, the FOba (hereinafter referred to as “damaged vehicle”) which is crossing from the left side of the direction of the driving of the vehicle driving to the right side of the crosswalk to the crosswalk, while driving the way along one lane from the two lanes to the LObaba bus terminal in the direction of the LObaba (hereinafter referred to as “damaged vehicle”).

) The Plaintiff, the driver of the damaged vehicle, who took the right side of the damaged vehicle into front of the damaged vehicle, suffered the upper right shoulder, etc. (hereinafter “the instant accident”).

2) The Defendant is the insurer who entered into an automobile insurance contract with respect to a sea-going vehicle.

[Ground of recognition] Facts without dispute, Gap's 3, 6 evidence, Eul's 3 and 8 evidence (including additional number), the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident of this case as the insurer of the comprehensive automobile insurance contract for the melting vehicles.

C. However, according to the above facts of recognition, it is reasonable to view that the plaintiff's mistake that crosses the roadway on the roadway was also the cause of the instant accident. Therefore, the defendant's liability is limited to 80% in consideration of this.

2. The portions not stated separately below the scope of the liability for damages shall be as shown in the annexed calculation sheet.

(Period shall be calculated on a monthly basis, and less than the original and the last month shall be discarded, and the present price shall be calculated by the simple interest rate which deducts the interim interest calculated at the rate of 5/12 per month. Among the parties' arguments, it shall be rejected).

(1) Personal information: The plaintiff shall be entitled to the daily wage of an ordinary urban person, as stated in the annexed sheet for calculation of damages. (2) Occupation and income: The plaintiff shall be entitled to the daily wage.

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