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1. Revocation of a judgment of the first instance;
2. On December 8, 2010, around 05:00, at the front crosswalk B located in Geum-gu, Busan.
Reasons
1. On December 8, 2010, at the first instance court, the Plaintiff filed a claim against the Defendants for confirmation of non-existence of the claim for reimbursement related to traffic accident occurred on the crosswalk C located in the Busan Geum-gu, Busan. The court of first instance confirmed that the Plaintiff’s obligation against the Defendant Samsung Samsung Fire Marine Insurance Co., Ltd. does not exceed KRW 5,959,230, the obligation against the Defendant Samsung Fire Marine Insurance Co., Ltd., and the damages for delay did not exceed KRW 2,979,615, and dismissed the Plaintiff’s remainder of the claim.
As a result, only the plaintiff appealed against the part of the above loss, the object of this court's adjudication is limited to the part of the plaintiff's loss.
2. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.
3. According to the above facts, the Plaintiff is liable to compensate for damages sustained by E due to the instant accident as an operator under Article 3 of the Automobile Damage Compensation Guarantee Act, and barring any special circumstance, the Defendants are liable to pay the amount of indemnity for the insurance money paid by E to E within the scope of the damages claim against the Plaintiff.
4. The period of time for calculating the scope of the Plaintiff’s compensation for damages to E shall be calculated on a monthly basis, but less than the last month and less than the cost shall be discarded, and the current price calculation at the time of the accident shall be in accordance with the discount method which deducts interim interest at the rate of 5/12 per month and shall be excluded from any assertion by the parties.
Basics 1) Date of birth and gender: Name of F-born Women 2): 19.01 (F-born Women 6 December 2029), the rate of latter disability and labor capacity loss 3: 12% of the full-time position of the troke and the full-time position of the troke.