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(영문) 울산지방법원 2018.08.17 2017가단11130
손해배상(자)
Text

1. The Defendant’s KRW 107,983,005 as well as 5% per annum from September 29, 2013 to August 17, 2018, respectively, to the Plaintiff.

Reasons

1. Establishment of and limitation on liability for damages;

A. In fact 1) On September 29, 2013, around 23:30 on September 29, 2013, the Plaintiff was a vehicle B (hereinafter referred to as the “Defendant vehicle”) proceeding in accordance with green signals under the influence of 0.144% of the blood alcohol concentration at the time while the Plaintiff loaded three-lanes in four-lanes in the shape of a green flickering-dong, Ulsan-dong, Ulsan-dong, Ulsan-dong, Seoul Special Police Station, when the pedestrian signal was placed in a green flickering-dong state.

) The accident that caused the Plaintiff (hereinafter “instant accident”) is referred to as “the instant accident.”

2) The Plaintiff suffered injury, such as the upper left alley, etc., due to the instant accident.

3) The Defendant is an insurance company that entered into an automobile accident insurance contract with respect to the Defendant vehicle (the fact that there is no dispute over grounds for recognition, entries in Gap evidence 1 through 4, and the purport of the whole pleadings).

B. According to the fact that the liability for damages was established, the defendant is liable for the damages suffered by the plaintiff due to the instant accident as an insurance company of defendant vehicle.

C. Restrictions on liability for damages: Provided, however, the Plaintiff’s liability is limited to 80% of the Defendant’s liability in consideration of the Plaintiff’s negligence, as the instant accident occurred when the pedestrian signal is a green on-and-off signal.

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.

Personal information 1) Personal information: The job income and operating period in the attached Form of damages calculation sheet shall be as stated in the "basic matters": 2) the monthly average wage of urban bus drivers is KRW 3,168,115.

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