logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.12.19 2012가단25776
손해배상(자)
Text

1. The Defendant’s KRW 175,439,761 as well as 5% per annum from March 27, 2009 to December 19, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. At around 12:15 on March 27, 2009, Nonparty B driven a D-wing truck owned by Nonparty C (hereinafter referred to as “dic-wing vehicle”) and driven a three-lane road in front of the south Haak-dong Dong-dong, Ulsan-dong, Ulsan-dong, along the south dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, without securing the safety distance, by negligence, the Plaintiff’s Ethtop car (hereinafter referred to as the “dic vehicle”) driven by the Defendant’s driver’s vehicle running along the central line and driving the damaged vehicle with the part of the damaged vehicle.

(hereinafter referred to as the "accident of this case").

In the instant accident, the Plaintiff suffered bodily injury, such as satisfafafafafa, etc.

C. The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to a household harming vehicle.

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

2. Occurrence of liability for damages;

A. According to the factual basis as seen earlier prior to the occurrence of liability, the instant accident was deemed to have been caused by the Defendant’s breach of its duty of care, such as securing a safe distance for the driver of a sea-going vehicle. Therefore, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer

B. Whether to limit liability or not, the Defendant asserted to the effect that, as the Plaintiff did not conclude the safety belt at the time of the instant accident and the damage was expanded, at least 20% of the negligence should be admitted to the Plaintiff, but there is no evidence to acknowledge

Therefore, the defendant's above assertion is not accepted.

3. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than a month shall be included in the side on which the appraised value is less than a month, and less than a won and less than a last month shall be discarded, and the present price shall be calculated at the time of the incident of the amount of damages by the rate of 5/12 per cent per month.

arrow