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(영문) 인천지방법원 2016.04.26 2014가단242902
손해배상(자)
Text

1. The Defendant: 42,443,230 won to Plaintiff A and 5% per annum from August 10, 2013 to April 26, 2016; and

Reasons

1. Basic facts

A. Plaintiff A and Plaintiff B are married with their husband and wife, and the Defendant is the insurer of Category C New Airport Vehicles (hereinafter referred to as “Affected Vehicles”).

B. On August 10, 2013, around 21:35, a traffic accident occurred where the Plaintiffs, who had been going into the two lanes at the time when they were entering the two lanes, while entering the two lanes in the vicinity of the D Private Road in Gangwon-gu, Gangwon-do., a traffic accident that conflicts with the FF passenger cars on board, where the Plaintiffs were on board.

(hereinafter referred to as “instant accident”) C.

As a result of the instant accident, Plaintiff A suffered bodily injury, such as “L2 horizontal stone cutting, L3 horizontal stone cutting, 4,5,6,78 on the right side, and 4,5,6,78 at the left side of the back, 4,5,6,7 l9, and lever leverf,” such as “l2 horizontal stone cutting, L3 horizontal stone cutting, 4,5,6,78, and leverbage leverfing, leverf, leverf, leverf, leverf, leverf, leverf, leverf, leverf, leverf, leverf, and leverf (5-6 leverf).”

[Ground for Recognition: Facts without dispute, entries or images of Gap's evidence 2 through 5 (including evidence with a serial number), and the purport of whole pleadings]

2. Summary of the parties' arguments

A. The main point of the Plaintiff’s assertion is that the instant accident occurred due to the mistake of the damaged vehicle, and thus, the Defendant, the insurer of the damaged vehicle, is liable to compensate the Plaintiffs for the damages incurred due to the instant accident.

Plaintiff

A’s damages are KRW 737,030, future medical expenses of KRW 7,590,00, KRW 47,439,245, and KRW 1,604,841,670, KRW 13,600, KRW 1374,207,945, and KRW 7,337,658, in total of KRW 5,417,658, KRW 1,920,00, and KRW 7,337,658.

Therefore, the defendant is obligated to pay each of the above amounts and damages for delay to each of the plaintiffs.

B. The summary of the Defendant’s assertion that the Plaintiff A had not worn the safety level at the time of the instant accident.

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