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(영문) 대구지방법원 2020.02.19 2019나308110
구상금
Text

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

The defendant shall pay to the plaintiff KRW 26,934,065 as well as to the plaintiff on June 2016.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in Articles 420 and 42 of the Civil Procedure Act, except for dismissal or addition as follows.

2. Parts to be removed or added - Parts 8, 13 and 14, as indicated in the judgment of the court of first instance, are inserted below.

Of the Plaintiff’s assertion, the part regarding “1. Party status relationship” and “2. The occurrence and scope of liability for damages,” and “4. The occurrence and scope of the right to indemnity,” respectively.

Each factual relationship in the part of the right of indemnity may be acknowledged either as a dispute between the parties or as a whole by taking into account the overall purport of the pleadings in each entry in the evidence A1 to 11.

[] Part 6 through 12 of the judgment of the court of first instance are as follows. [In light of the facts recognized as above and the fact-finding results of the first instance on the I Association, the injury of the victim is deemed to fall under class 14 of the attached Table 1(1) of the former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 25940, Dec. 30, 2014) (amended by Presidential Decree No. 25940, Dec. 30, 2014), since the injury of the victim is deemed to fall under class 17,38,367 of the aforementioned active damages and the amount of damages of KRW 7,587,732 during the treatment period, the amount of damages may be claimed within the scope of KRW 10,00,00,00, which is the limit of class 2 of the injury grade under the above attached Table.

In addition, in light of the above facts of recognition and the result of the first instance trial's appraisal of the I Association, it seems that the victim's disability falls under class 11 of class 10 of class 3 of attached Table 2 of Article 3 (1) 3 of the Enforcement Decree of the above Act (the remaining person who has a serious obstacle to the function of only one section among the three sections of the same bridge). The 16,934,065 won which is the amount of compensation after the completion of treatment shall not exceed 18 million won, which is the limit of class 10 of disability grade under the above attached Table, and can be claimed in full.

- The first instance judgment.

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