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(영문) 창원지방법원 2016.03.18 2014가단1709
손해배상(자)
Text

1. The Defendant’s KRW 37,826,554 as well as 5% per annum from January 21, 2013 to March 18, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition B, while under the influence of alcohol at around 20:10 on January 21, 2013, driven a C vehicle with a blood alcohol content of 0.145% (hereinafter “Defendant vehicle”) and proceeded to the E-mail front of the E-gate D located in Changwon-si, Changwon-si with four sides at the seat of the new Heon rock bridge, in violation of the new subparagraph, and turn to the left at the e-section, the part of the Plaintiff’s driver’s driver’s left front front part of the F vehicle, who was directly driven under the new subparagraph, from the 4rd side of the 4rd side of the mamast to the e-section, was the front part of the Defendant vehicle’s right-hand part, and was inflicted with the Plaintiff, such as skelete, etc.

(hereinafter “instant accident”). The Defendant is the insurer of the Defendant vehicle.

[Ground of recognition] Uncontentious Facts, Gap evidence Nos. 2, 4, and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident.

C. According to the facts seen earlier prior to the limitation of liability, there is no reason to limit the defendant's liability.

2.In principle, the period of time below the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than 10 won 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.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 16, 21, Eul evidence Nos. 9, each evidence Nos. 9, and the result of the commission of physical examinations to the head of the East Asia University Hospital, and the results of fact inquiry, the purport of the whole pleadings

A. Personal income 1) Gender of a male: The date of birth of a male: G age (at the time of an accident): The name of a male who is aged 47 years and 33.25 years: 2) income and operating period (a) income: The plaintiff is an industrial machine and equipment with the trade name "H" at the time of the accident.

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