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(영문) 창원지방법원 2020.01.17 2019나57302
손해배상(자)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of the argument in the first instance court’s inquiry and reply as to Gap’s evidence Nos. 1 through 4, 6 through 11 (including paper numbers; hereinafter the same shall apply), Eul’s evidence Nos. 1, 3, and 6, and Eul’s evidence Nos. 1, 3, and 6, and the first instance court’s inquiry into the members of the non-permanent department C, the Defendant, on July 3, 2017, when driving his own vehicle and driving the vehicle one-lane in front of the building in Seongbuk-gu Seongbuk-gu D Parking Building in Changwon-gu, Changwon-si, and then driving the vehicle on the road, which was stopped at the road (hereinafter referred to as the “accident in this case”), may be recognized as having received medical treatment due to the accident in this case, and thus, the Plaintiff is liable to compensate the Plaintiff for the damages suffered by the Plaintiff.

B. 1) Medical expenses within the scope of liability for damages: 46,90 won (67,130 won x 70% x less than 70 won). According to the evidence No. 3, the whole medical expenses incurred by the plaintiff's injury of this case can be recognized as 67,130 won. Meanwhile, according to the evidence No. 6 of this case, the plaintiff can be recognized as having a certificate of king, such as lappping, etc., and in light of the size of the accident of this case and the parts and degree of the injury, it is reasonable to 30% of the contribution ratio. Thus, the plaintiff's medical expenses incurred by the accident of this case are 46,900 won (67,130 won x 70% x less than 00 won) (On the other hand, since the defendant asserted that only the actual medical expenses actually paid by the plaintiff are recognized as the amount of damages of the plaintiff, the plaintiff's assertion that the above damage is not reasonable.

2) The consolation money is 800,000 won. The circumstances and subsequent circumstances of the instant accident, and the parts and degree of the instant injury are revealed in the pleadings of the instant case.

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