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(영문) 대구지방법원 2017.12.13 2017나304992
손해배상(자)
Text

1. The judgment of the first instance court, including the plaintiffs' claims extended by this court, shall be modified as follows:

Reasons

In light of the above, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case as the insurer of the comprehensive automobile insurance contract on the accident vehicle.

B. Limit of liability: (a) the Deceased was negligent in crossinging the road without permission at the location without a crosswalk during the night hours; and (b) the Deceased’s negligence was the cause of the instant accident.

Therefore, it is reasonable to limit the defendant's liability for damages to 60%.

(1) The Defendant asserted that the deceased should be taken into account as the deceased's negligence since he driven a bicycle in his state of drinking. However, the evidence submitted by the Defendant alone cannot be readily concluded that the deceased was a state of drinking, and there is no evidence to deem that the deceased driven a bicycle under the influence of drinking, and the Defendant's above assertion is rejected). 3. The scope of

A. Personal information and maximum working age of the deceased 1) : Gender * Date of birth of the deceased * Date of birth * On October 4, 2015: The maximum working age of the deceased * on May 7, 2015 : Until November 21, 2018 : [The records of evidence Nos. 1, 5, 6, and 7 on the basis of recognition 60 years of age * as a result of fact-finding on the modern steel company in the first instance court, the plaintiffs claim that the maximum working age of the deceased 65 years of age , and the defendant asserted that the maximum working age of the deceased 58 years of age is 60 years of age. However, in light of the results of fact-finding on the modern steel company in the first instance court and the entire purport of oral argument, the deceased 60 years of age could have worked until the time of age , i.e., where the deceased wishes to be and there is no reason for disqualification under a collective agreement on modern steel company.

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