(영문) 울산지방법원 2015.11.04 2014가단3510

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Reasons

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줄 간격

자간(%)

(영문) 울산지방법원 2015.11.04 2014가단3510

손해배상(자)

Text

1. The Defendant’s KRW 695,344,823 as well as the Plaintiff’s annual rate from May 24, 2009 to November 4, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) Nonparty D is the Defendant’s vehicle around 11:30 on May 24, 2009 (hereinafter “Defendant”)

(ii) A vehicle was parked on the right side of the two-lanes along the first line at a speed of 50km to 60km along the first line from the intersection of a literature high school, which is located in the south-gu, Ulsan-gu, U.S. non-driving-do. A vehicle was parked on the right side of the two-lanes, and the pedestrian appearance is anticipated. As such, D neglected its duty to reduce the speed of the Defendant vehicle and to safely proceed along the road at the right side of the Defendant vehicle, and neglected to discover the Plaintiff crossing the road from the right side of the Defendant vehicle, and caused the Plaintiff to be the right side of the Defendant vehicle.

3) As a result, the Plaintiff suffered from injury, such as blood transfusion, due to such injury (hereinafter referred to as the instant accident).

4) The Defendant is an insurer who has agreed to compensate for damages caused by an accident that occurred during the operation of Defendant vehicles.

[Based on recognition] Gap evidence 3-1, Gap evidence 6-1 through 37, Eul evidence 4-36 and 37, respectively, and the purport of the whole pleadings

B. According to the above facts, the defendant is liable for damages sustained by the plaintiff due to the accident in this case.

However, the defendant's responsibility is limited to 75%, since the plaintiff is not well able to see his/her right and right, and the defendant's liability is limited to 75%.

2. In addition to the matters stated below the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be the same as the corresponding item, and 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 the interim interest calculated at the rate of 5/12 per month.

In addition, the parties' arguments are not stated separately.

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