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(영문) 대구지방법원포항지원 2020.06.04 2019가단106215

손해배상(자)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On April 9, 2019, the Daegu District Court rendered a judgment ordering the Defendant to pay to the Plaintiff the amount of KRW 33,498,262 and the amount of KRW 5% per annum from July 29, 2017 to April 9, 2019 and the amount of KRW 15% per annum from the next day to the date of full payment. This was finalized on April 26, 2019.

(2018Gadan101558). The above judgment acknowledged part of the Plaintiff’s claim for damages caused by a traffic accident as of July 29, 2017, ① KRW 23,675,569, ② Medical expenses KRW 31,610, ③ 31,610, ③ 3,232,782, ④ future medical expenses KRW 3,558,301 (3,840,000 deemed to have been paid on March 13, 2019), ⑤ 3,00,000,000.

2. The Plaintiff’s cause of the claim is the Defendant’s damage caused by a traffic accident as of July 29, 2017; ① as part of the lost income after the judgment became final and conclusive, the Plaintiff sought payment of damages for delay of interest amounting to KRW 21 million in total; ② KRW 31 million in consolation money amounting to KRW 10 million in total; and

3. In the previous judgment, there is no evidence to acknowledge that there was additional loss of daily income or mental damage after July 29, 2019, which is the day following the day on which the loss of daily income was recognized as part of the claim in the previous judgment, and according to the evidence Nos. 1 (including the paper number), the results of physical appraisal entrustment to the Gyeongbuk University Hospital, and the fact-finding inquiry reply, the Plaintiff’s claim is not acceptable on the ground that (i) the Plaintiff’s extraction of the franchisium was already friendly at the time when the radiation was taken on October 1, 2018; and (ii) the permanent disability therefrom cannot be medically recognized; (iii) there was a 120 degrees movement range at the time of the previous judgment with respect to the Plaintiff’s check, while the Plaintiff was demoted on the part of about 120 degrees of the franchisium at the time of the previous judgment on the part of the Plaintiff, but the Plaintiff’s claim was not highly probable during the process of physical appraisal.