(영문) 대구지방법원안동지원 2015.04.15 2014가단3993

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(영문) 대구지방법원안동지원 2015.04.15 2014가단3993

채무부존재확인

Text

1. B vehicles and pedestrians incurred in the vicinity of the crossing of a refratulation-gun, Gyeongnam-gun on December 19, 2012, around 18:05;

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Occurrence of liability for damages;

A. At around 18:05 on December 19, 2012, C: (a) driven by a small-scale cab owned by C (hereinafter “accidented vehicle”) and went to a road near the railroad crossing located in the insular and Eup/Myeon in the insular and erosion erosion erosion, thereby neglecting the duty of an insular and erosion erosion; and (b) the Defendant, who went to the right side from the left side of the accident vehicle, left the four lines of the road crossing from the left side of the vehicle, due to the fault of neglecting the duty of an insular and eromatic erosion; and (c) the Defendant suffered an injury, such as drilling and erode.g., the Defendant.

(B) The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with C with respect to the motor vehicle involved (hereinafter “instant accident”). According to the facts of the recognition as above, the Plaintiff is liable for compensating the Defendant for the damages incurred by the instant accident as the insurer of the vehicle involved in the instant accident, according to the following: (a) evidence Nos. 1, 2, and 2 through 5 (including household numbers; hereinafter the same shall apply); and (b) the purport of the entire pleadings.

B. According to the evidence Nos. 1, 2, and 2 and 3 as to whether to limit liability, the Defendant is also at night at fault of crossing a four-lane road at night, thereby limiting the Plaintiff’s liability to 70%.

2. In principle, the amount shall be calculated on a monthly basis in calculating the scope of compensation for damage, but the amount less than the last month and less than KRW 1 shall be discarded;

The current calculation of the amount of damages at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month, and it shall be rejected that the parties did not separately state their arguments.

(4) Operation period (60) July 9, 2018: Urban daily wage at the time of the instant accident; 80,732 won at the time of the instant accident; 83,975 won around September 2013; 84,166 won around January 2014; and 86,686 won around September 2014; and

유사 판례

-대구지방법원 2015.10.29 2015나7242

-대구지방법원경주지원 2014.05.20 2012가단6748

-대구지방법원 안동지원 2018.06.15 2018고단64

-대구지방법원 2014.11.05 2014나302001

-서울남부지방법원 2016.11.25 2016나56521