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(영문) 부산지방법원 2017.02.09 2016가단16920
손해배상(자)
Text

1. As to Plaintiff A’s KRW 22,078,530, and KRW 500,000 to Plaintiff B, and each of the said money from April 19, 2015 to February 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) E, on April 19, 2015, driven a Fsi (the conclusion of a mutual aid agreement with the Defendant; hereinafter “instant Lot”) on April 19, 2015, and discovered the Plaintiff A who was crossinging the road to the right side from the left side of the driving direction of the vehicle while driving a two-lane of the three-lane road in front of the H Animal Hospital located in Busan G at the G of Busan, on the surface of the Gupode, while driving the three-lane road in front of the H Animal Hospital located in the G of Busan, at the right side of the vehicle, and sustained the injury, such as a straight fever, which is the upper part of the front driver of the vehicle.

(hereinafter “instant accident”). (2) Plaintiff B’s wife, Plaintiff C, and D are children.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings

B. The insurer is liable for damages suffered by the plaintiffs due to the violation of E’s duty of pre-determination as the insurer.

However, the plaintiff's liability is limited to 70% of the defendant's liability by taking into account 30% of the negligence that the plaintiff illegally crossed along the three-lanes in the time zone in which the plaintiff started.

2. Except as otherwise stated below within the scope of damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ arguments 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.

To the right side of the rate of loss of labor ability: 1) Treatment Shipbuilding Marine Co., Ltd., company members, 5,828,119 won of monthly income, 5,828, 119 won of monthly income, 2) application of Section IV-1 of Clobrid Disability Assessment Table, 14.5% of the 14.5% (50%) of the 3rd anniversary of the 3rd anniversary of the award date, 2015 for convenience.

6. Until October 10 (53 days of hospitalization), calculation of 50% (50% per annum 50% per annum) of the loss rate of labor ability: statement in the “actual income” column in the attached Form of the calculation of damages (30,351,534 won).

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