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(영문) 수원지방법원안양지원 2014.08.21 2013가단105951
채무부존재확인
Text

1. With respect to the attached Form of traffic accident, the damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is below.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with CCo with B regarding vehicles.

B. On October 26, 2012, D, who is a child of B, driven the vehicle of the above column, and was making a right-hand while driving in the vicinity of the Gyeyang-dong within the Gyeyang-dong of the Dongyang-dong, the Defendant, who was stopped to make a right-hand, fell short of the rear part of the E-si of the Heungdo taxi corporation, which was driven by the Defendant.

(Attachment Form 1) The accident shall be the same as the traffic accident, and hereinafter referred to as the "accident of this case").

After the instant accident, the Defendant received two weeks’ diagnosis under the name of sick person, such as Madume base, etc., and received outpatients from around that time to February 2, 2013, and received hospitalized treatment at a F Hospital from February 13, 2013 to February 23, 2013, and continued to receive outpatients.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1's video, purport of whole pleading

2. Determination on the principal lawsuit and counterclaim

A. 1) The Plaintiff’s obligation to compensate for damages arising from the instant accident is limited to KRW 775,570 (i.e., consolation money of KRW 250,791,746 x KRW 1,791,746 x KRW 11/30 per day of hospitalization period x 80%) and the Defendant asserts damages arising from the instant accident as the Defendant continues to receive medical treatment, and thus, the Defendant’s obligation to compensate for damages is not nonexistent. 2) The Defendant’s Plaintiff is obligated to pay consolation money of KRW 91,838,973 (i.e., average wage of automatic driving personnel for at least ten years in career from the statistics of employment labor in 2013 x KRW 2,064,969 x 891,680, Nov. 1, 2014).

B. 1) According to the above basic facts, the Plaintiff is liable to compensate for the Defendant’s damage caused by the instant accident as the insurer of the vehicle C Coin as the insurer of the vehicle. 2) The Plaintiff should take into account the degree of 20% of the negligence that the Defendant did not wear a safety level.

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