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(영문) 수원지방법원 2017.10.19 2016가단533579
손해배상(자)
Text

1. The Defendant’s KRW 1,00,000 as well as 5% per annum from June 14, 2016 to October 19, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of BIMW-type passenger vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with D, the owner of CCoW-type passenger vehicle (hereinafter “Defendant vehicle”), and D, the driver of the Defendant vehicle, changed the vehicle from the two-lane to the one-lane while driving the vehicle along the U.S. main road at around 17:35 on May 29, 2014, the fact that the Plaintiff’s right part of the Plaintiff vehicle driven into the first lane (hereinafter “instant traffic accident”) is shocked by the front part of the left part of the Defendant vehicle’s vehicle, or that it is recognized by taking into account the entire purport of the pleadings as a whole, as stated in the evidence No. 2 and 4.

2. Determination on the cause of the claim

A. The instant accident involving liability for damages is due to an accident involving an accident involving the Plaintiff’s vehicle entering the Defendant’s first lane from a speed lower than that of the Defendant’s vehicle in the course of the instant accident involving the extension of the left lane, and the driver of the Defendant’s vehicle failed to verify the vehicle going behind and attempted to alter the vehicle, and the Defendant is liable to compensate for the Plaintiff’s damage caused by the instant accident as the insurer of the Defendant’s vehicle.

B. The Plaintiff asserts that the Defendant is liable for damages for the amount of KRW 5,267,68 for lost earnings for the 14-day period during which the Plaintiff was hospitalized due to the instant accident (i.e., daily benefit of KOSA special class engineer 376,262 x 14 days) and the project cost that was not paid due to hospitalization.

According to the evidence Nos. 1 and 2-1 and 1-2, the Plaintiff was diagnosed with two trophisms for brain-dead, finites, finites, finites, distribution chinites, and chinites, and was hospitalized at the E Hospital for 12 days from May 31, 2014 to June 11, 2014 after the date of the instant accident, but on the other hand, the Plaintiff was hospitalized at the E Hospital.

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