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(영문) 수원지방법원평택지원 2016.09.09 2015가단45401 (1)

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 2,601,980 to the Defendant (Counterclaim Plaintiff) and against this, from June 8, 2015 to September 9, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 8, 2015, around 17:15, the Defendant: (a) driven a na vehicle (hereinafter “instant vehicle”) in the vicinity of Pyeongtaek-si apartment on the one-lane road; and (b) obstructed with the bicycles of D(7 years old) driving while driving the hond road.

(hereinafter “instant accident”). (b)

According to the accident of this case, the defendant suffered injuries such as salt, tension, etc. in the Gyeong, and the front part of the motor vehicle was damaged.

C. The Plaintiff is the mother of D.

[Ground of Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 4 through 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts finding that the Plaintiff is liable for damages, the Plaintiff is liable for compensating the Defendant for damages caused by the instant accident, as the mother of D who is a minor who is not liable for damages, and the Plaintiff is negligent in protecting and supervising the Plaintiff.

(A) The plaintiff asserted that there was the defendant's fault in the occurrence of the accident of this case, but at the time, the accident site was a bend road, and D's reverse situation, etc., the plaintiff's above assertion is not accepted).

1) In full view of the overall purport of the statements and arguments in the medical expenses, repair expenses, and lending expenses, the Defendant may recognize the fact that the Defendant paid KRW 651,980 as medical expenses, KRW 950,00 as the automobile repair expenses of this case, KRW 300,00 as the loan expenses for the repair period, due to the instant accident. 2) The amount of consolation money shall be determined as KRW 700,000,00 in consideration of the developments leading up to the instant accident, the degree of injury of the Defendant, age, family relationship, and other various circumstances shown in the records and arguments of this case.

C. Accordingly, the Plaintiff’s total amount of damages caused by the instant accident to the Defendant.