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1. The Defendant: (a) KRW 2,407,529 for the Plaintiff and KRW 5% per annum from June 21, 2018 to September 3, 2019; and (b) from the following day.
Reasons
1. Basic facts
A. On June 21, 2018, the Plaintiff: (a) driven a C Freight Vehicle (hereinafter “Plaintiff”) around 17:10 on June 21, 2018; and (b) made a left-hand turn on the road in front of a fire station located in the Incheon Southern-gu Incheon East-ro, Incheon, the Plaintiff caused an accident where the E-si (hereinafter “Defendant Vehicle”) driven by D during the stopping (hereinafter “Defendant Vehicle”) shocks the rear side of the Plaintiff Vehicle (hereinafter “instant accident”).
B. In the instant accident, the Plaintiff received hospitalized treatment from June 22, 2018 to July 5, 2018 due to the injury of climatic salt, tension, etc., and received outpatient treatment from August 21, 2018 to November 16, 2018.
C. The defendant is a mutual aid business operator who has entered into a mutual aid agreement for the defendant vehicle.
[Reasons for Recognition: Unsatisfy Facts, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings]
2. According to the fact of recognition as above, pursuant to Article 10(1) of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act, the Defendant, the insurer of the Defendant vehicle, is liable to compensate the Plaintiff for the damages caused by the instant accident.
3. Scope of liability for damages
A. Based on the annual average income (122,224,527) for the three-year period immediately preceding the accident, the Plaintiff asserts that the amount equivalent to 3.5% of the labor capacity loss rate recognized as a result of physical assessment (i.e., 122,224,527 x 3.5%) as lost income.
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