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(영문) 울산지방법원 2018.11.23 2017가단12577
손해배상(자)
Text

1. The Defendant’s KRW 32,484,560 and the Plaintiff’s annual rate of KRW 5% from October 27, 2016 to November 23, 2018.

Reasons

1. Occurrence of and limitation on liability for damages;

A. 1) On October 27, 2016, the Plaintiff violated the traffic classification under the opposite part while driving a street in front of the D High Sea in Ulsan-gu, Ulsan-gu, Ulsan-gu, by driving a bicycle in the direction of E in the direction of D and getting a bicycle (the foregoing road is not indicated by the central line, and is driving beyond the center line of the Defendant’s driving.

2) The Defendant’s driver’s failure to carry out the instant accident (hereinafter referred to as “instant accident”).

2) The Plaintiff suffered injury, such as flavating the upper left-hand side of the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 13, 15, Eul evidence Nos. 4 and 5 (including branch numbers) and the purport of the whole pleadings

B. According to the above fact of recognition as above, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. In the event of an accident limiting liability for damages, there are many vehicles parked around the road, and in particular, it was difficult to expect such drivers to operate only to the right side on the center of the center due to the drivers leaving the road by Otoba in the opposite part during the accident.

Therefore, even though the plaintiff could have sufficiently aware of the above situation, it is deemed that the accident of this case occurred due to negligence in the operation of the bicycle without fulfilling the duty of Jeonju City. Therefore, the defendant's responsibility is limited to 80%.

2. Except as otherwise provided under the scope of the amount of damages, it shall be the same as each corresponding item of the attached Table of Calculation of damages, 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 current value at the time of the accident of the amount of damages shall be calculated by deducting the interim interest at the rate of 5/12 percent per month.

b) the Commission;

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