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(영문) 전주지방법원 2016.09.29 2015나1720
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

On April 19, 2012, from 16:00, the gold-si Kim Jong-si is adjacent to the gold-si reservoir.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Occurrence of liability for damages;

A. The facts of recognition B, around 16:00 on April 19, 2012, had three winners, including the Defendant, on the road adjacent to the Geumpung-si Kim Jong-si reservoir Park Jong-si (hereinafter “instant vehicle”), were negligent in performing the duty of Jeonju-ju in the course of driving in the original direction from Geumsan, and conflict two times with the right side roadsides due to the negligence of operating the steering gear over the steering gear. As a result, the Defendant on the back seat of the instant vehicle suffered injury, such as Gyeongpumal dump, etc.

(hereinafter “instant accident.” The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the instant vehicle as “one hundred million won for personal injury,” which is “one hundred million won for personal injury.”

[Ground of recognition] The Gap evidence Nos. 1, 2, 3, 7 and Eul evidence Nos. 8 through 10 (including numbers; hereinafter the same shall apply)

B. According to the above facts of recognition of liability, the Plaintiff is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant accident as the insurer of the instant vehicle.

On the other hand, the plaintiff asserts that the defendant's injury caused by the accident of this case is caused by king and there is no causation.

If the king evidence of the victim of a traffic accident has contributed to the occurrence of the victim's occurrence of a specific injury, the prolonged period of medical treatment, and the expansion of the degree of disability after the medical treatment is completed, it is reasonable in the perspective of fair burden of damage to bear the corresponding amount of compensation out of the total amount of damages, depending on the degree recognized to have contributed to the occurrence of the whole result of the injury, including the specific injury, and the court shall determine the degree of contribution to the whole amount of the injury.

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