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(영문) 수원지방법원 2017.01.26 2016나60331
손해배상(자)
Text

1. The judgment of the court of first instance is modified as follows.

2. B at approximately 14:40 on April 11, 2014, from the mid-distance in the Eup in Pyeongtaek-si.

Reasons

1. Basic facts

A. On April 11, 2014, at around 14:40, B driven a vehicle B (hereinafter “Plaintiff”) from the mid-distance in the inside of Pyeongtaek-si in Pyeongtaek-si, the Defendant’s D vehicle, which was under the stop, was removed from the balke during the signal signal, by removing the even number from the balke in the balke.

(hereinafter “instant accident”).

B. The Defendant suffered injuries, such as escape certificates, etc., due to the instant accident.

C. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties to the scope of liability for damages did not separately state their claims, and the amount below the unit for the convenience of calculation shall be discarded, and the present price calculation at the time of the accident of this case shall be based on the method of deducting the intermediate interest at the rate of 5/12 per month.

A. Considering the degree of contribution of the victim 1) In the event that the king increase of the victim caused the aggravation of the accident and the aggravation of treatment period, and the expansion of the subsequent disability after the treatment, it is reasonable to limit the perpetrator's liability for damages according to the degree that the victim contributed to the occurrence of the victim's king (see, e.g., Supreme Court Decision 2004Da47734, Nov. 26, 2004). In full view of the result of physical examination of the first instance court's Seoul Hospital head and the purport of the entire pleadings, the defendant was found to have been driving at the 5-4, 5-6, and 6-7 conical change, such as the decline of the king area and the 4-5 conical change of treatment period, and the degree of contribution of the defendant's 30% of the accident in this case.

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