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(영문) 청주지방법원 2014.09.24 2014가단151540
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 3, 2013, the Defendant driven the instant vehicle B, B, and C (hereinafter the instant vehicle) and proceeded with D’s front distance in front of the instant vehicle in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in advance, from the opening of the pharmacy to the opening of the voice-gun, and E was bound by reporting that E is crossing the instant vehicle from the opening of the opening parking lot, the left side of which is the right side of the instant vehicle, to the intersection of F CIT-100 U.S., the left side of the instant vehicle. On September 23, 2013, the Defendant: (a) turned the front side of the instant vehicle into the front left side of the instant vehicle with the direction of the opening of the two parking lots; and (b) died into the front side of the instant vehicle at around 12:10 on September 23, 2013.

B. From December 10, 2013 to January 16, 2014, the Plaintiff paid KRW 43,083,730,000,000,000 in total, and KRW 80,183,730,000,000,000 for medical expenses for in-house injury insurance, from the insurer of the instant vehicle. From January 27, 2013, the Plaintiff received KRW 57,10,000,000,000 as the liability insurance money from the insurer of the instant vehicle, and received KRW 27,183,710,00 in total from January 28, 2014.

C. On July 25, 2014, the Defendant was sentenced to a sentence of two-year suspension of execution on the ground that he was indicted for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at Cheongju District Court Decision 2013 High-Ma804 and was negligent in working safely by reducing speed at the intersection where no signal, etc. was available and by taking into account the right and the right and the right of the road.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 4, 6, Eul 1-3, 20, Eul 2-9 and 15, and the purport of the whole pleadings

2. The assertion and judgment

A. The insurance money paid by the plaintiff to the plaintiff is an amount calculated by applying the deceased's negligence to 20%. The defendant is obligated to pay the plaintiff the damages amounting to 23,083,730 won ( = 80,183,730 won - 57,100 won) and damages for delay.

B. Determination 1’s negligence ratio is old but unreasonable, leading the road without permission, while crossing the road.

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