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(영문) 울산지방법원 2015.06.24 2014가단5455
손해배상(자)
Text

1. The Defendant: (a) KRW 184,187,004 for the Plaintiff and 5% per annum from July 24, 2012 to June 24, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. In fact 1) B, around 16:35 July 24, 2012, 2012, B is a vehicle with ready-mixed C (hereinafter “Defendant vehicle”).

2) The Plaintiff, while driving the Plaintiff and driving the Plaintiff, did not have the right to d 1 ton cargo vehicles of the Plaintiff’s driver, who was driving a two-lane 1 lane from the side to the road, even though the U.S. (hereinafter “instant accident”) was located near the entrance of the Yan-gun, Busan-gun, the Yan-gun (hereinafter “the Plaintiff’s accident”). The Plaintiff sustained the injury of the Yan-gun, etc. (hereinafter “instant accident”).

(2) The Defendant is an insurance company that compensates for damages arising from an accident that occurred during the operation of Defendant vehicles.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 1-3-1, Gap evidence 8-1 to 15, Eul evidence 7-1 to 4, and each video

B. According to the above facts, the defendant is liable for damages suffered by the plaintiff due to the accident in this case.

However, even before the occurrence of the instant accident, the Plaintiff appears to have known the fact that the Defendant’s vehicle, who was driving ahead of the instant accident, was moving toward the side by changing the course to the side and proceeding on the same side. As such, the Defendant’s responsibility is limited to 80% of the Defendant’s liability, since it was erroneous in failing to exhaust all necessary matters despite its duty to ensure its own safety by sufficiently examining its progress

2. In addition to the matters stated below within the scope of the liability for damages, each of the corresponding items of the annexed Schedule of Calculation of Compensation, and the period for the convenience of calculation shall, in principle, 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 discount method that deducts the interim interest calculated at the rate of 5/12 per month.

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

Personal information 1) Personal data: The same shall apply to the entry of “basic matters” in the attached Form of damages calculation sheet. 2) Income Plaintiff Co., Ltd. (E).

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