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1. The Plaintiff (Counterclaim Defendant) paid KRW 1,591,091 to the Defendant (Counterclaim Plaintiff) and KRW 996,340 to the Defendant (Counterclaim Plaintiff) and each of the above costs.
Reasons
We examine both the principal lawsuit and the counterclaim.
1. On January 3, 2017, the fact that the Plaintiff was liable for damages caused the instant accident that shocks the back of the Defendant’s vehicle on which the Defendants were aboard, while driving the Plaintiff’s vehicle on January 3, 2017, is not disputed between the parties, and according to the respective descriptions of the evidence Nos. 1, 2, and 5 (including the serial number), Defendant B was found to have suffered injury that appears to require approximately 4 weeks of medical treatment, and Defendant C had no counter-proof evidence. The evidence No. 4 lacks to reverse the recognition, and there is no counter-proof otherwise.
Therefore, barring special circumstances, the Plaintiff, who caused the instant accident, is liable to compensate the Defendants, the victim, for damages arising from the instant accident.
2. Scope of liability for damages
A. In order to treat the instant accident, the facts that Defendant B spent the medical expenses of KRW 299,760, the pharmaceutical expenses of KRW 91,100, the Defendant C spent the medical expenses of KRW 296,340, and the pharmaceutical expenses of KRW 38,800, respectively, may be acknowledged according to the respective statements in the evidence Nos. 1 and 2.
B. On January 4, 2017, the following day of the instant accident, the Defendants were hospitalized and treated for a period of four days from January 4, 2017, and the fact that the daily wage on the day of the instant accident was 102,628, can be recognized by the respective statements in the evidence Nos. 1 and 4. It is obvious in light of the empirical rule to view that urban daily work is ordinarily engaged in 22 days in the month. The number of days of the Defendants’ hospitalization appears to be a reasonable period in light of the background of the accident and the degree of damage, and during the said period, 100% labor ability was lost.
Therefore, the Defendants can be found to have suffered loss from lost loss of KRW 291,31 per day (i.e., KRW 102,628 won per day, KRW 22/31, and KRW 31).
C. The Plaintiff alleged that the medical expenses or loss incurred by the Defendants’ assertion were unrelated to the instant accident, and accordingly, No. 4, which seems to correspond thereto, is the Defendant unilaterally.