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(영문) 창원지방법원진주지원 2017.12.12 2017가단35270

손해배상(자)

Text

1. The counterclaim Defendant: 7,623,564 won to the counterclaim and 5% per annum from October 7, 2014 to December 12, 2017.

Reasons

1. Basic facts

A. B is the driver of the Category C Vehicle (hereinafter “instant Maritime Vehicle”). The Counterclaim Plaintiff is the driver of the D Vehicle, and the Counterclaim Defendant is the insurer who entered into the instant Maritime Vehicle Comprehensive Insurance Contract with respect to the instant Maritime Vehicle.

B. On October 7, 2014, Nonparty B driven the instant sea-going vehicle and brought about an accident following the Plaintiff’s vehicle in the signal atmosphere in the said place (hereinafter “instant accident”) while driving the instant sea-going vehicle and driving the instant sea-dong-dong-dong-dong-dong-dong-dong-ro 9.

C. The Plaintiff, due to the instant accident, was affected by injury, such as the external shock of the external signboard, which requires six weeks’ medical treatment.

From December 29, 2014 to June 29, 2016, the counterclaim Defendant paid KRW 7,060,400 as medical expenses to the counterclaim and KRW 1,700,00 as damages.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the fact that the liability for damages was established, the instant accident occurred due to B’s negligence in failing to discover a parked Counterclaim vehicle due to B’s negligence in performing his duty of care at the front of the week, and thereafter, the accident occurred due to B’s negligence.

Therefore, barring any special circumstance, the counterclaim Defendant is liable to compensate for the damages incurred by the counterclaim due to the instant accident as the insurer of the instant vehicle.

B. In addition to the items separately described below the scope of liability for damages, each item of the attached Table of the calculation of damages shall be the same as the corresponding item, and the period of convenience in calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 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.

[Grounds for Recognition] Unsatisfy, entry of No. 5, and appraiser E.