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(영문) 울산지방법원 2018.09.07 2016가단69606
손해배상(자)
Text

1. The Defendant’s KRW 62,454,855 as well as the Plaintiff’s KRW 5% per annum from April 20, 2013 to September 7, 2018, and the next day.

Reasons

1. Occurrence of and limitation on liability for damages;

A. The facts of recognition 1) On April 20, 2013, the Plaintiff was a taxi in the middle of driving one lane among two-lane roads in the Western Dong-dong, Ulsan-gu, Ulsan-do using Oralba on April 15, 2013 (hereinafter “Defendant vehicle”).

) The incident that caused the Plaintiff’s driver’s misperception (hereinafter “instant accident”) while making a U-turn in contravention of the signal to board customers on board the opposite-line delivery.

2) The Plaintiff suffered injury to the left-hand side of the entire parts, the part of the water department, and the part of the water department, etc. due to the instant accident.

3) Meanwhile, the defendant is a mutual aid business operator who entered into a mutual aid agreement on the defendant's vehicle. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence 1 through 3, the purport of the whole pleadings

B. According to the occurrence of liability for damages and the recognition of the above limitation, the defendant is liable for damages sustained by the plaintiff due to the accident in this case, unless there are special circumstances as a mutual aid business operator of defendant vehicle.

In regard to this, the defendant asserted that the negligence, such as the violation of the duty of care and the speed of the plaintiff Otoba, was caused by the accident of this case. However, there is no evidence to acknowledge the plaintiff's assertion, and the defendant cannot demand the plaintiff to drive a warning by predicting that the defendant would make a Utoba in violation of the signal. Therefore, the defendant's argument

2. Except as otherwise provided under the scope of the amount of damages, it shall be the same as each corresponding item of the attached Table of Calculation of damages, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value at the time of the accident of the amount of damages shall be calculated by deducting the interim interest at the rate of 5/12 percent per month.

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

Daily income: Personal information of KRW 37,55,878: Attached Form.

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