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(영문) 대전지방법원 2020.12.16 2019가단102342

손해배상(자)

Text

1. The Defendant: (a) KRW 28,641,842 to the Plaintiff; and (b) KRW 5% per annum from November 17, 2014 to December 16, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to C client vehicles (hereinafter “Defendant vehicles”).

B. Around 13:18 on November 17, 2014, D driven the Defendant’s vehicle and turned it into the mountain (two-lanes) in the mountain (section 2) from the mountain (section 3) and the mountain (section 2) located in the mountain (section 3), the mountain (section 3) and the mountain (section 3). At that time, D controlled two-lanes from the mountain (section 2) on the ground of road construction work, and attempted to enter one-lane depending on the receipt by construction personnel. The Plaintiff’s Epicing the Plaintiff’s vehicle into the Defendant’s vehicle (hereinafter “Plaintiff’s vehicle”). The Plaintiff’s vehicle shocked the central separation zone by pushing the Plaintiff’s vehicle into the port.

(hereinafter “instant accident”, and detailed circumstances of the accident are referred to as “the level of the accident scene” in the attached Form. As a result, the Plaintiff suffered injury, such as the front-down signboard.

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, 9, 10, Eul evidence 1-1, 2, and 3, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, since the accident of this case occurred due to the operation of the defendant vehicle, the defendant, the insurer of the defendant vehicle, is liable to compensate for the damages suffered by the plaintiff.

B. Whether liability is limited or not, however, the Plaintiff is also under the control of the two-lanes at the time of the instant accident, and the Defendant’s liability is limited to 80% since it was negligent in neglecting the circumstances that the Defendant’s vehicle would enter the first lane, and such negligence affected the occurrence and expansion of the damage.

3. Except as otherwise stated below, the scope of damages shall be the same as each corresponding item, and the period for the convenience of calculation 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 per month to the interim interest rate.