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(영문) 창원지방법원 2019.11.29 2018가단6818
손해배상(자)
Text

1. The Defendant’s KRW 49,115,021 as well as the Plaintiff’s KRW 6% per annum from March 27, 2017 to November 29, 2019.

Reasons

1. Occurrence of liability for damages;

A. On March 27, 2017, the Plaintiff: (a) driven a CDama Cor on March 27, 2017; (b) stopped in the first-lane of the 3-lane East-dong-ro, Busan, through a scenic area from Green to a scenic area; (c) the Drocketing car volume, which entered into a comprehensive automobile insurance contract with the Defendant (hereinafter referred to as “Defendant”), was shocked by the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident.” The Plaintiff suffered from injuries, such as the climatic, the climatic shoulder, the climatic left, etc. due to the instant accident, and thereafter, complaining of stress disorder, the climatic stress disorder, the climatic name, etc., and continued to be treated.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 3, 4, Gap evidence 10, 11 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

B. According to the fact that the accident of this case occurred during the operation of the defendant vehicle, the defendant, who is the insurer of the above vehicle, is liable to compensate the plaintiff for the damage caused by the accident of this case.

Although the Defendant asserts that since the Plaintiff did not wear the safety labelling at the time of the instant accident, it should offset the negligence. However, it cannot be readily concluded that the Plaintiff did not wear the safety labelling unit solely on the ground that the Plaintiff did not have any capacity to repair the parts related to the safety labelling of the Plaintiff’s vehicle, and there is no other evidence to acknowledge it. Therefore, the Defendant’

2. In addition to the matters stated below within the scope of liability for damages, each of the corresponding items of the annexed Schedule of Calculation of Compensation, and the period of convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

Japan shall have lost income 1.

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