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(영문) 부산지방법원 2019.10.17 2018가단339092
손해배상(자)
Text

1. The Defendant’s KRW 102,219,462 as well as 5% per annum from December 24, 2014 to October 17, 2019 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. (1) On July 27, 2003, around 15:30 on July 27, 2003, the Plaintiff was involved in a collision with G cargo owned by the F-owned G cargo, where the Plaintiff was carrying a friendly ice and human ice rink from the back road (on the port E) near the Dat in Busan Dongdong-gu, Busan, and went back to the upper part of the body, and the back road was turned back to the upper part of the body.

(2) The investigative agency investigated the contents of the instant accident as follows: (a) “An accident occurred due to a shocking and shocking failure to discover the Plaintiff from the left edge of the proceeding direction, while the said cargo vehicle proceeds along the backway of the same intersection; and (b) an investigation agency investigated the details of the instant accident.”

(3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract for the foregoing cargo vehicle, and paid 8,212,726 won to the Plaintiff’s medical expenses so far.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the accident of this case as the insurer of the vehicle involved in this case.

However, although the accident location of this case is backway, the plaintiff also has a duty to wear a safety string in the case of leaving the string string, and as the vehicle can pass along on the side road in the case of leaving the string road, it is also a duty to look at the surrounding area, etc. Therefore, the plaintiff's error is also a cause for the occurrence and expansion of the accident of this case. Thus, the defendant's responsibility is limited to 70% by taking into account the various circumstances shown in the argument of this case.

2. Scope of liability for damages

(a)For the convenience of the calculation of property damage in principle, a period of time 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.

b.the Parties;

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