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(영문) 부산지방법원 2018.08.09 2017가단324017

손해배상(자)

Text

1. The Defendant’s KRW 29,770,693 as well as 5% per annum from May 3, 2017 to August 9, 2018 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) C, while driving a D vehicle at around 09:50 on May 3, 2017, 2017, while driving the D vehicle at the F convenience point located at the intersection located in Kimhae-si, Kimhae-si, he was driving the D vehicle from the F convenience point surface, and the Plaintiff was promptly discovered that the D vehicle was driving the vehicle from the plane inside the G to the high-level surface and caused an accident that shocks on the right side of the damaged vehicle on its front. The traffic accident situation investigated by the investigative agency is as shown in the attached Form on the scene of the accident.

(2) The Plaintiff suffered injury, such as an external wound, due to the accident of this case.

(3) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract for C Driving Vehicles.

(4) The Defendant paid the Plaintiff KRW 51,077,450 as medical expenses.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiff due to the accident of this case as the insurer of the vehicle that caused the accident of this case.

However, the defendant's liability is limited to 70% in consideration of the fact that the plaintiff has a duty of care to prevent the accident by taking into account whether there are other vehicles entering the intersection by driving slowly or temporarily stopping on and off at the intersection with yellow signal, and other circumstances leading to the occurrence of the accident in this case.

2. In principle, the period for calculating the scope of compensation for damage shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the current value calculation at the time of an accident of compensation for damage shall be in accordance with the fractional discount method that deducts intermediary interest at the rate of 5/12 per month, and it shall be deemed to have been rejected that which is not written among the allegations

A. The future treatment costs and the current M&C costs of sexual surgery in the form of a sexual intercourse and a reflective surgery costs of the instant accident, of KRW 3,300,00, and KRW 2,109,757, respectively;