beta
(영문) 수원지방법원 평택지원 2018.10.16 2017가단8987

손해배상(자)

Text

1. The Defendant: (a) KRW 125,387,612 for the Plaintiff and KRW 5% per annum from February 23, 2016 to October 16, 2018; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 23, 2016, B driven a small-sized cargo vehicle C (hereinafter “instant vehicle”) and brought about an accident caused by the parts adjacent to the right side of the instant vehicle while driving a DNA driving vehicle that temporarily stops in the direction of safety in the direction of fostering the bridge per head of the same paragraph, while driving in the direction of safety in the direction of fostering the bridge for each person of the same paragraph.

B. At the time of the instant accident, the Plaintiff was a person who was on the top of the steering force of the instant vehicle. Due to the instant accident, the Plaintiff suffered bodily injury, such as cutting down of the right-to-hand laverization, cutting down of laverization of laver, cutting down of the right-hand laver, cutting down of laverization of

C. The Defendant is an insurer who entered into a comprehensive automobile insurance contract with B regarding the instant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including virtual number), the purport of the whole pleadings

2. According to the occurrence of liability for damages and the fact of recognition of the limitation, the Defendant, the insurer of the instant vehicle, is liable to compensate for the damages suffered by the Plaintiff due to the instant accident. However, considering that the Plaintiff, as the wife B, was on the instant vehicle for the convenience and interest of the Plaintiff, the scope of the Defendant’s liability is limited to 80%.

3. Scope of liability for damages

A. Damage from lost earnings equivalent to the monetary total assessment value of operating capacity lost by the accident of this case is 107,610,066 won calculated at the present price at the time of the accident of this case in accordance with the simple discount method which deducts intermediary interest at the rate of 5/12% per the following (2) on the basis of the facts of recognition and the assessment as referred to in paragraph (1) below.

(hereinafter referred to as "the last month and below for the convenience of calculation") shall be discarded, and it shall be rejected that the parties' arguments are not separately explained.

(1) Personal information about the facts of recognition and evaluation: E-born female, 46 years old at the time of the instant accident.