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(영문) 대전지방법원 2015.05.21 2014나105309
손해배상(자)
Text

1. Of the active claim for damages in the judgment of the court of first instance, the part of the active claim for damages against the Defendant-Counterclaim Plaintiff is 4.

Reasons

The court's reasoning for this part of the judgment on the ground of this claim is as follows: "6,84,175 won" of Part 2 of the judgment of the court of first instance shall be deemed as "proactive damage 4,698,639 won"; "1,605,242 won (29 days of maintenance period ¡¿ 29 days of temporary closure x 76,530 won x 22 days of operation per day x 22 days x 12 months x 365 days of operation x 365 days x 70% of won ; hereinafter the same shall apply) x 70% of consolation money x 700,00 won ; therefore, the defendant shall pay damages 5,398,639 won (i.e., active damages 4,698,639, 700 won) to the plaintiff; and (ii) the defendant shall pay damages 200% of the judgment of the court of first instance to the defendant 20.7.10 days of the tort 20.20.

(B) The Plaintiff was driving a two-lane in the border expressway, and the Plaintiff was driving a cargo vehicle (hereinafter referred to as the “Plaintiff vehicle”).

The defendant's vehicle is too close to this defendant's vehicle, so the direction was devised to change the vehicle line into one lane, without securing the safe distance between them properly, and the plaintiff's vehicle following the vehicle was blicked along the snowway and shocked the defendant's vehicle. Thus, the accident is entirely caused by the plaintiff's negligence.

The evidence Nos. 1, 2, 5, Eul evidence No. 2-6, 8, 16, 20, Eul evidence No. 3, 7, and 1.

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