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(영문) 서울중앙지방법원 2015.09.09 2014가단5119709
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) B of a traffic accident: B of November 29, 2005, vehicles C around 07:40 on November 29, 2005 (hereinafter “Defendant vehicle”).

2) The Plaintiff, while driving his/her vehicle and driving his/her vehicle, was negligent in performing his/her duty of care at the intersection where signal, etc. was not installed at the ethic hot spring hole in the ethic hot spring hole in the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

B. 1) On July 10, 2006, the Plaintiff filed a lawsuit against the Defendant seeking compensation for property damage (such as lost income, king treatment expenses, future treatment expenses, etc.) and mental damage (such as above material KRW 50,000) incurred by the Plaintiff due to the instant accident (hereinafter “previous lawsuit”) with the Seoul Central District Court No. 2006Kadan263903 (hereinafter “previous lawsuit”).

2) On November 6, 2006, the Plaintiff’s physical appraisal as a result of the physical appraisal commission against the Plaintiff, which was conducted in the previous litigation, diagnosed the Plaintiff’s disability as “around the 5th anniversary of the damage by blood, an incomplete terrogate, hygiene and urine therapy caused by nephical pulmonary and urine exposure, and urine urine disorder”, and submitted an appraisal report that evaluated the Plaintiff’s labor ability loss rate of the instant accident as 10% permanent disability by applying the rate of loss of the Plaintiff’s labor ability due to the instant accident to be 10% permanent disability, and future treatment costs as approximately 45,17,384 won for the life period (23.39 years), and one adult’s name, etc. for 16 hours a day.

3) Accordingly, around November 2006, the Plaintiff received lost income from the instant accident; KRW 258,346,304; KRW 8,268,320; and KRW 38,637,650 for future medical treatment expenses (which appears to be an error in the calculation of medical expenses for the future on the written appraisal); and KRW 597,209,59,596 for nursing expenses.

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