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(영문) 부산지방법원 2016.11.02 2015나40132
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 175,754,813 and its interest on June 3, 2012.

Reasons

1. In fact, the defendant is an insurer who has concluded an automobile insurance contract with respect to C Kaman car (hereinafter “Defendant vehicle”).

B On June 3, 2012, at around 09:25, driving the Defendant vehicle on the part of the Defendant vehicle, and proceeding in violation of the signal signal at the lower intersection at the lower intersection of the Hagu-dong, Seo-gu, Busan, Seo-gu, B from the direction of running the Defendant vehicle to the lower intersection, and caused injury to the Plaintiff, who was on board the Plaintiff vehicle, on the part of the Defendant vehicle, due to the shocking of the upper right side part of the Etdro vehicle (hereinafter referred to as “Plaintiff vehicle”) which proceeds in accordance with the right straight line from the left side of running the Defendant vehicle to the right side, such as pulverization of the upper part of the pelle executive, pelmogal he was on board the Plaintiff.

(hereinafter referred to as “instant accident”), . [The grounds for recognition] without dispute, Gap evidence Nos. 1, 2, and 6 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. According to the facts of recognition of the above liability, the accident in this case occurred due to the defendant's driver's violation of the signal, so the defendant, who is the insurer of the defendant's vehicle, is liable to compensate the plaintiff for damages caused by the accident in this case.

B. Whether to limit liability or not, the Defendant asserts that since the Plaintiff did not wear the safety belt at the time of the instant accident, it should be the ground for offsetting negligence. However, there is no evidence to acknowledge that the Plaintiff did not wear the safety belt, the Defendant’s above assertion is without merit.

3. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

It shall be rejected that the parties' arguments are not separately explained.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 to 5, 7 to 15, and court of first instance.

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