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(영문) 서울서부지방법원 2019.06.20 2018가단209006

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are DM5 vehicles around 16:00 on January 27, 2017 (hereinafter “Defendant vehicles”).

ii)The G Grens Vehicle of the Plaintiff’s driver (hereinafter “Plaintiff”) who was at the entrance of the said parking lot, while the vehicle was at the entrance of the Flass or parking lot, and was at the entrance of the said parking lot, and was at the exit of the vehicle.

3) The part of the preceding part of the crime was shocked (hereinafter “instant accident”).

(2) On February 21, 2017, the Plaintiff was diagnosed as a salt base and tension in the catus, a salt base and tension in the catus, and was hospitalized for eight days from February 21, 2017 to February 28, 2017; and was hospitalized on March 15, 2017;

3.23.

4.13.

4. From April 8, 2017 to April 15, 2017, a person was hospitalized for eight-day treatment, after undergoing a diagnosis of any conical signboard disability, climatic salt coordinate and tension, and tension, which requires medical treatment on April 8, 2017. < Amended by Act No. 14873, Apr. 8, 2017>

3) The Defendant is an insurer which has concluded a comprehensive automobile insurance contract with respect to the Defendant vehicle (the fact that there is no dispute over grounds for recognition, Gap evidence Nos. 1 and 2, Gap evidence No. 3-1 and 2, and the purport of the whole pleadings.

B. According to the above recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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.

(1) Personal information: H (ma) 2) daily wage for ordinary people in urban areas based on the 22th day of each month in which the actual operating days are in operation.