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(영문) 수원지방법원 성남지원 2021.02.10 2017가단207191
손해배상(자)
Text

Attached Form

In relation to the accident described in the list, the obligation to compensate the plaintiff (Counterclaim plaintiff) against the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 30, 2015, Nonparty C, while driving a D vehicle (hereinafter “Plaintiff”) on the southwest-si (hereinafter “Plaintiff”), caused an accident in which Nonparty C, who breached the duty of Jeoncheon-si in the front direction, was able to conceal the rear of the E vehicle on board (hereinafter “instant accident”).

B. In the instant accident, the Defendant received medical treatment at a hospital, etc., by suffering injuries, such as saved salt pans, shoulder pans, etc.

(c)

The plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C as to the plaintiff vehicle.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above fact of recognition as the insurer of the instant accident, the Plaintiff is liable for the damages suffered by the Defendant as the insurer of the instant accident.

(b) In principle, the period of calculating the scope of compensation for damage shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 per month to deduct an intermediary interest at the rate of 5/12 per month from a single interest rate.

In addition, it is rejected that the parties' arguments have not been separately explained.

[Grounds for recognition] A without dispute, Gap evidence Nos. 8, Eul evidence Nos. 1, 17, 18, and 22, the result of the court's request for physical appraisal of G hospital heads of G hospitals of this court, the result of this court's response to fact-finding with respect to G hospital heads of G hospitals of this court, and the personal information of H female heads of G: The defendant's income until he reaches the age of 70 until he reaches the urban daily wage, daily work day, daily work day, and full 70 years of age; and the defendant's working period should be recognized as 70 years of age since he reaches the age of 65 years. The plaintiff argues that the plaintiff should be recognized as 65 years of age.

The period of operation, which serves as the basis for calculating the lost income, is social and economic in fact, such as the average remaining life, economic level, employment conditions, etc. of Korean people.

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