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(영문) 의정부지방법원 2015.12.01 2014가단39763
채무부존재확인
Text

1. The automobile comprehensive insurance contract between the Plaintiff and B in relation to the insurance accident stated in the separate sheet is based on the automobile comprehensive insurance contract.

Reasons

1. Basic facts - around 04:45 on May 18, 2013, D driven a Calbur XD vehicle owned by C (hereinafter, the Plaintiff’s vehicle) and caused injury to the Defendant by taking the front part of the Defendant’s Galbal part of the Plaintiff’s driving, which was temporarily stopped from the front part of the Plaintiff’s vehicle to the left part of the front line of the F E located in the Ethical Ga of the game, by neglecting the duty of the front line and the left-hand turn to the left-hand left-hand part, due to the negligence of the left-hand turn to the right-hand left-hand part, and temporarily stopped from the right-hand left-hand part of the Galbal part of the Defendant’s driving, which was turned to the front part of the Plaintiff’s vehicle at a location beyond the stop line, by taking the front part of the detailed le

- The plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the plaintiff's vehicle with B, and the accident occurred during the insurance period.

[Ground of recognition] Facts without dispute, Gap 1, 2, 7 evidence, Eul 2, 3, 5 through 7 (including each number), the purport of the whole pleadings

2. According to the fact that the existence of liability for damages is recognized, B, the owner of the Plaintiff’s vehicle, is liable to compensate the Defendant for the damages suffered by the Defendant due to the above accident, and the Plaintiff is liable to pay the same insurance amount pursuant to Article 724(2)

3. Scope of liability for damages

A. The actual income loss equivalent to the monetary total assessment value of the capacity of the Defendant lost due to the instant accident is KRW 1,784,220, calculated at the present price at the time of the instant accident, based on the following (i) the facts and assessment on the basis of the recognition as follows:

⑴ 인정사실 및 평가내용 ㈎ 성별 : 남자, 생년월일 : H.생, 연령 : 사고 당시 60세 5개월 남짓, 기대여명 : 20.98년 정도 ㈏ 가동능력에 대한 금전적 평가 : 2013년 상반기의 도시보통인부의 일용노임은 81,443원이다.

㈐ 위 사고로 피고는 사고일로부터 1개월간...

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