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(영문) 울산지방법원 2016.08.10 2015가단63304
손해배상(자)
Text

1. The Defendant: (a) KRW 117,829,440; and (b) KRW 4 million to Plaintiff B; and (c) from July 8, 2015 to August 10, 2016.

Reasons

1. Occurrence of liability for damages;

A. On July 8, 2015, at around 09:25, C driven a D Kac Freight Freight (hereinafter “instant truck”) and driven the frontway in Ulsan-gun E, Ulsan-gun, one of the following: (a) the direction of the U.S. T is from the direction of the U.S. S. distance, taking into account.

At this point, C, while the U-turn is not allowed, was negligent in the course of the central line, and C, at the same direction, the G driving vehicle, which was directly engaged in one lane in the same direction.

(hereinafter “instant accident”). G was killed due to the instant accident.

Plaintiff

A’s mother inherited the deceased’s property at the ratio of 1/2 shares, and the Plaintiff B is the birth of the deceased.

The defendant is a mutual aid business operator who entered into a mutual aid contract for the cargo of this case.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 5-3 to 9, Gap evidence 8, the result of the verification by this court, the purport of the whole pleadings

B. The Defendant is liable for the damages suffered by the Plaintiffs, who are the bereaved family members of the Deceased and the Deceased due to the instant accident as a mutual aid business operator of the instant cargo vehicle.

2. Restrictions on liability for damages, however, according to the evidence as seen earlier, the deceased may be found to have neglected his/her duty of care in advance.

The calculation of damages in this case shall be taken into account, but the defendant's liability is limited to 80% of the total amount of damages.

3. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal data of the deceased: as stated in the “basic matters” list of the amount of damages calculated, 2) income and operating period:

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