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(영문) 제주지방법원 2016.12.23 2014가단15278
손해배상(자)
Text

1. The Defendant’s KRW 76,97,063 as well as 5% per annum from May 19, 2014 to December 23, 2016 to the Plaintiff.

Reasons

Basic Facts

A. B, while driving a bicycle around 18:50 on May 19, 2014 and driving a bicycle with a view to watching at the view of a view in the remote area of a tax office, the Plaintiff, who is in front of the high-industrial movable property shooting range (hereinafter “instant accident”), was shocked with the front part of the bicycle, and caused the Plaintiff to suffer bodily injury, such as blood transfusion, pathal damage, spathral damage, dual aggregate, mathral aggregate, and mathal aggregate, etc. of the instant accident.

B. The defendant is the insurer who concluded the insurance contract with B.

[Ground of recognition] Fact that there is no dispute, each entry of Gap evidence Nos. 1 through 4, and the facts of recognition as the basis for the liability for damages arising from the entire purport of the pleadings, the defendant is liable as the insurer B for the damages suffered by the plaintiff due to the accident in this case.

However, the limitation of liability, however, the plaintiff has a bicycle road while waiting for signal to cut off the crosswalk. In the event of the accident of this case, pedestrians should walk and walk in India, not on the bicycle road, but on the bicycle road, and the plaintiff's fault on the bicycle road is also the cause of the occurrence of the accident of this case and the expansion of damage, so the defendant's liability is limited to 85% of the defendant's liability in calculating the amount of damage to be compensated by the defendant.

In principle, the period of calculating the scope of liability for damages shall be calculated on a monthly basis, but the period less than the middle month shall be included in the period in which the appraised value is small, and the amount less than the last month and less than the won shall be discarded, and the current price shall be calculated at the time of the accident of this case by the simple discount method that deducts the interim interest at the rate of 5/12 per month.

A. On-site income: Personal information of KRW 55,498,522 (1): Cproductive female, 52 years old at the time of the accident, 9 months old at the time of the accident: On April 21, 2048, the income and operating period of the Plaintiff would have reached the age of 60 if the instant accident had not occurred.

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