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(영문) 대전지방법원 2016.11.18 2014나106036
손해배상(자)
Text

1. The judgment of the first instance, including the Plaintiff’s claim added and reduced in the trial, shall be modified as follows:

Reasons

1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance under Paragraph 1 of the same Article. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s cause of the Plaintiff’s claim was suffering from the injury of the light chlorate, the necessary salt chlorate, etc. (hereinafter “the instant injury”). As such, the Defendant, the insurer, is obligated to compensate the Plaintiff for the Plaintiff’s damage caused by the instant accident, which is the insured of the instant insurance contract, and the scope of compensation for damage ought to be calculated by considering the degree of contribution to the instant accident as 70%.

In the meantime, the Defendant is obligated to pay to the Plaintiff all damages incurred by the Plaintiff due to the instant accident, namely, KRW 10,154,737 (= KRW 14,506,768 x 0.7), KRW 4,209,233 (= KRW 6,013,190 x 0.7), future treatment expenses x 0.7), KRW 2,392,449 (=3,417,785 x 0.7 x 0.7), consolation money, KRW 10,00,00, and KRW 26,756,419.

Preliminaryly, the Defendant is obligated to pay the Plaintiff the amount of damages under the terms and conditions of this case, namely, the actual daily income of KRW 9,726,159 (= KRW 13,894,514 x 0.7 x 0.7), active damages (such as medical treatment costs) 4,209,233 (=6,013,190 x 0.7), future medical treatment costs of KRW 2,392,49 (=3,417,785 x 0.7 x 0.7), and other damages due to outpatient treatment [15,184,00 x 0 x 0.7,1,000 x 0 x 0.7,000 x 10,000 x 1,000 x 1,000 x 1,000 x 17,195

3. The existence of the Defendant’s liability for damages caused an accident that caused the Plaintiff’s injury to the Plaintiff by negligence while driving the instant sea-going vehicle, which is a non-insurance vehicle, while driving the instant sea-going vehicle. The Defendant entered into the instant insurance contract, which includes a non-insurance-free special agreement with F as the insured, with the Plaintiff, is as seen earlier, and as set forth in subparagraph 3.

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