beta
(영문) 인천지방법원 2020.11.17 2019가단265115

손해배상(자)

Text

The defendant shall pay 8,800,000 won to the plaintiff and 5% per annum from May 27, 2019 to November 17, 2020 and the next day.

Reasons

1. Basic facts

A. The Defendant is a company that has concluded an automobile insurance contract with the owner of Chalog Vehicle (hereinafter “Ahalog Vehicle”).

B. On May 27, 2019, an accident occurred in which the driver of a sea-going vehicle shocks the Plaintiff’s (F)’s left rear part of the passenger vehicle (hereinafter “instant accident”) where the two lanes of the two lanes in front of the E company located in Nam-gu Incheon Metropolitan City, from the five lanes to the two lanes in front of the E company.

C. The Plaintiff received hospital treatment and outpatient treatment by suffering from the savinal safinite, the safinal safinite, and the head part of the instant accident.

[Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 2 through 5, Purport of whole pleadings]

2. According to the above recognition of the liability for damages, the defendant, who is an insurance company of a sea-going vehicle, is obligated to compensate the plaintiff for the damages caused by the accident in this case pursuant to Articles 10 and 3 of the Guarantee of Automobile Accident Compensation Act.

However, the defendant's responsibility is limited to 80% because the plaintiff has a duty of care to prevent accidents from occurring through reduction of speed or operation when changing the lane of the preceding vehicle at all times while driving.

3. In principle, a period for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than a month and less than a 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.

[Reasons for Recognition: Results of the court's entrustment of physical examination to the G Hospital Head; the inquiry reply to the fact-finding on the G Hospital Head; the inquiry reply to the Korea Labor Welfare Corporation; Gap's evidence Nos. 1, 4, 5, 8, 10; Eul's evidence Nos. 1 and 3; the purport of the whole pleadings];

A. Basics 1) Daily income: The Plaintiff’s daily wage on April 2019, 201, immediately before the accident, is KRW 50,000,000,000,000,000 from J Co., Ltd., for two days, and the daily wage for 17.5 days from J Co., Ltd..