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(영문) 수원지방법원 2016.12.22 2015나44004
손해배상(자)
Text

1. The judgment of the court of first instance is modified as follows.

2. Attached Form 1 shall apply with respect to traffic accidents listed in Attached List 1.

Reasons

The principal lawsuit and counterclaim of this case shall be deemed to be filed together.

1. Facts of recognition;

A. The Plaintiff entered into an automobile insurance contract between B and B (hereinafter “instant insurance contract”) with respect to the insured vehicles B and the insurance period from August 26, 2013 to December 26, 2013, as indicated in attached Table No. 2 (hereinafter “instant insurance contract”).

B. Around 17:30 on November 1, 2013, D driving the instant vehicle, and proceeding the heading of the Kupo-dong in Sinpo-si into the inner and international distribution complex protection area from the heading bank of Kupo-si, and caused a traffic accident listed in paragraph (1) of the attached Table, which contacts the Defendant’s right to walk on the left side of the running direction of the said vehicle, by accurately manipulating the steering gear, brakes, etc. and by neglecting the duty of care to drive safely.

(hereinafter referred to as “instant accident”). C.

On November 5, 2013, the Defendant suffered injury that requires approximately six weeks’ medical treatment due to the instant accident, such as the cutting of a double sacrife 2 influsium and the cutting of an interim sacrife, and was discharged after being hospitalized in E Hospital for a total of 53 days from November 2, 2013, including those hospitalized in E Hospital for 21 days from November 22, 2013 to November 22, 2013.

After performing physical appraisal of the defendant according to the entrustment of physical appraisal by the first instance court, the defendant was completed on May 10, 2015, and the defendant was judged to have lost 5% labor ability for a limited period of 3 years due to the full-time teaching of the Ministry of Masium.

E. At the time of the instant accident, the Defendant left 60 years of age and passed 60 years of age.

[Ground of recognition] A without dispute, Gap evidence 1, 2, and 6 (including the number with no family number; hereinafter the same shall apply), Eul evidence 2 and 4, the result of the physical examination of the first instance court's Ansan Hospital, and the result of the physical examination of the first instance court's Ansan Hospital as a whole.

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