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(영문) 울산지방법원 2019.02.15 2015가단14074
손해배상(자)
Text

1. The defendant shall pay to the plaintiff A KRW 33,451,815, and KRW 500,000 for each of the plaintiff B and C, and KRW 100,000 for each of the above money.

Reasons

1. Occurrence of and limitation on liability for damages;

A. 1) On October 20, 2014, F Vehicle around 13:25, 2014 (hereinafter “Defendant Vehicle”).

(B) The Plaintiff A (the 9 years old and the 2 months old at the time of the accident) who walked from the JJL on the HV surface to the HV surface while the driver left the right at the HV surface of the JJ from the U.S. Jung-gu G (hereinafter referred to as the “accident in this case”) was shocked by the front driver of the Defendant’s vehicle (hereinafter referred to as the “instant accident”).

2) In the instant accident, Plaintiff A suffered bodily injury, such as thalute, thalute, thalute, etc.

3) Plaintiff B and C are the parents of Plaintiff A, Plaintiff D are the directors of Plaintiff A, and the Defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to Defendant vehicle. [Grounds for recognition] The fact that there is no dispute, Party A’s evidence Nos. 1 through 4, Party B’s evidence Nos. 2 (including paper numbers), and the purport of the whole pleadings.

B. According to the above fact of recognition as above, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

C. Restrictions on liability for damages: Provided, however, the Defendant’s liability is limited to 90%, as it is recognized that the Plaintiff’s negligence was not fully paid due to the fact that the Plaintiff’s use of the side road was committed while driving the road on the right side of the road.

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.

In case of lost income: Personal information of KRW 27,977,730 (1): as stated in the “basic matters” in the attached Form of damages calculation table; (2) vocational income and operating period: The urban daily wage of the ordinary worker, and the third disability rate of KRW 60,000.

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