(영문) 대구지방법원 2015.04.23 2013나19036

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(영문) 대구지방법원 2015.04.23 2013나19036

손해배상(자)

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Occurrence of liability for damages;

A. At around 17:35, Feb. 13, 2012, F, while driving the E-vehicle parked in the part of the shoulder width of the home frackers (hereinafter “fracking vehicle”), F caused a traffic accident (hereinafter “the instant accident”) in which the front part of the Plaintiff’s vehicle C (hereinafter “victim”) with the said home fracking the left side and the rear side of the vehicle, which carried out the said home frack distance, by negligence while driving the vehicle at the home fracker’s (hereinafter “victim”).

B) Due to the instant accident, Plaintiff A suffered bodily injury, such as the Plaintiff’s husband of the Plaintiff, and the Defendant is the insurer that entered into an automobile insurance contract for the harming vehicles. (D) According to the fact that the instant accident occurred, the Defendant, the insurer that entered into an insurance contract for the harming vehicles, is liable to compensate the Plaintiffs for the damages incurred by the instant accident that occurred during the operation of the harming vehicles, barring special circumstances.

B. Limit of liability, however, the Plaintiff’s fault, which had already begun from the start of the start of the start of the start of the vehicle, was committed in a timely manner without thoroughly examining the operation status of the sea vehicle, thereby limiting the Defendant’s liability to 80% in consideration of the calculation of damages.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 6, the purport of the whole pleadings

2. Scope of damages.

A. Plaintiff A, an insurance solicitor, who serves as the basis for calculating Plaintiff A’s lost income, made an average of KRW 26,585,074 per month in the year of the instant accident, thereby claiming that the amount of lost income should be calculated based on the monthly income. However, in the case of Plaintiff A, etc., the total amount of income is net.

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