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(영문) 대구지방법원 2015.06.19 2015나74
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is an insurer of CM3 passenger cars (hereinafter “instant passenger car”), and Defendant B is the owner of D tea (hereinafter “instant passenger car”).

B. At around 19:09 on November 22, 2012, E, driving the instant car, and driving the first line of the road in front of the Doggnam-si, Namnam-si, Namnam-si, Namsan-si, Namsan-si, at the southsan-si, led to the back portion of the Defendant A driver’s instant vehicle running ahead of it while driving the first line of the road in front of the Dognam-si, Nam-si, Nam-si, Nam-si, Gyeongsan-si, and thereby, the Defendant A driver sustained injury

(hereinafter referred to as “instant accident”). C.

The Plaintiff, as an insurer, paid KRW 104,359,760 in total to E by April 19, 2013.

【Ground of recognition】 In the absence of dispute, Gap evidence 1-1, Eul evidence 2-1, Gap evidence 4-1, 2, Gap evidence 5-1, 2, Eul evidence 5-2, Eul evidence 1 and 3, and the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. The Plaintiff’s assertion that the instant accident occurred concurrently between E’s negligence and Defendant A’s negligence, and Defendant A’s negligence who contributed to the instant accident ought to be deemed to exceed 30%.

The damages sustained by E due to the instant accident are KRW 126,479,265 (the amount of KRW 91,119,505 for daily actual income of KRW 91,209,760 for future treatment expenses of KRW 10,150,00 for KRW 16,00 for consolation money of KRW 10,000 for future treatment expenses of KRW 9,209,760 for future treatment expenses of KRW 104,359,760 for insurance money of KRW 104,359,760 for the insurer, so the Plaintiff acquired the rights to

Therefore, Defendant A is obligated to pay to the Plaintiff 49,143,779 won [the amount of KRW 91,119,505 for daily income (the amount of KRW 9,209,760 for future treatment expenses of KRW 10,150 for future treatment expenses of KRW 10,000 for future treatment expenses)] x 30% consolation money of KRW 16,00,000 for KRW 16,000,00 for less than KRW 30 for future treatment,

B. 1 The Plaintiff asserts that Defendant A was negligent in the accident of this case, since he did not turn on the rear, while driving the instant vehicle, and furthermore, he was driving in the center of the lane.

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