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(영문) 울산지방법원 2019.12.05 2019나10415

손해배상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with C Vehicle (hereinafter “accident vehicle”).

B. On September 9, 2017, the Plaintiff was faced with an accident due to a collision of the parts of the damaged vehicle by an accident by the vehicle that neglected the front side of the Dong-dong community service center in Ulsan-gu, Ulsan-gu (hereinafter referred to as “victim”) while getting on or off a vehicle (hereinafter referred to as “victim”), and the Plaintiff suffered an injury, such as light fluorite, etc.

C. The Defendant paid vehicle repair costs and medical expenses to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion as to the cause of the claim incurred damages by closing his/her existing art research institute, etc., which had been operated by the instant accident, and thus, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 9,200,000 (i.e., damages amounting to KRW 7,200,000 for consolation money amounting to KRW 2,00,000) and damages for delay.

B. Determination 1) According to the reasoning of the judgment on the claim for damages caused by the closure of a art education institute, and the evidence No. 3, the Plaintiff’s closure of a private teaching institute was recognized as having been on December 27, 2017. However, it is insufficient to recognize that the closure of a private teaching institute operated by the Plaintiff was caused by the instant accident, and there is no other evidence to acknowledge the closure of a private teaching institute. 2) The consolation money is recognized as KRW 300,000 in consideration of the following factors: (a) The determination on the claim for consolation money was examined; (b) the background and content of the instant accident; (c) the degree of injury; and (d) the Defendant’s age.

3 In accordance with the theory of lawsuit, the defendant's 300,000 won for consolation money and the following day after the copy of the complaint of this case was served on the defendant, is clearly relevant to the existence and scope of the defendant's obligation.