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(영문) 대구지방법원포항지원 2013.10.29 2011가단10264
손해배상(자)
Text

1. The Defendant’s KRW 52,198,290 as well as 5% per annum from October 2, 2008 to October 29, 2013 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

(a) recognition 1) B is a car in C Coin Island (hereinafter referred to as the defendant vehicle) around 17:20 October 2, 2008.

(2) The Defendant is an insurer which has concluded a comprehensive automobile insurance policy with respect to the Defendant’s vehicle, with a three-dimensional distance, which has not been controlled by traffic, from the port side of the material side to the port side at the port from the port side of the material side (see attached Form 2) while driving the vehicle and making a left-hand turn (see attached Form 2).

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, Eul evidence 2-1 to 6, the purport of the whole pleadings

B. 1) In addition, the Defendant asserts that the Defendant should limit the Defendant’s liability by taking account of the fact that the Plaintiff did not wear a safety mother, as an insurer who entered into a comprehensive automobile insurance contract with the Defendant, and is liable to compensate the Plaintiff for the damages caused by the instant accident. 2) In addition, the Plaintiff neglected to perform his/her duty at the front time.

Although Eul's evidence 2-3 stated "the safety appearance" as "the safety appearance", it is insufficient to recognize that the plaintiff did not wear the safety appearance at the time of the accident in this case, and there is no other evidence to acknowledge it.

2. Except as otherwise stated below within the scope of the liability for damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ claims are not separately explained.

The amount of damages shall be discarded less than the won and less than the month of the last month, and the amount shall be calculated according to the reduction rate which deducts the interim interest at the rate of 5/12 percent per month at the time of the accident.

1) On the basis of the report on investigation into the actual wage status of construction business, the Plaintiff’s disability with the rate of loss of labor capacity is prior to the instant accident.

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