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(영문) 대전지방법원 2014.11.20 2012가단208098
손해배상(자)
Text

1. The Plaintiff (Counterclaim Defendant)’s obligation to pay insurance proceeds due to an accident stated in the attached list is against the Defendant (Counterclaim Plaintiff).

Reasons

The main lawsuit and counterclaim shall be examined together.

1. Occurrence of liability for damages;

A. At around 00 00:40 on December 6, 201, B: (a) the vehicle C (hereinafter “instant vehicle”)

2) On the other hand, the Defendant was faced with the Defendant’s vehicle D, which was parked to the signal atmosphere by neglecting the safety distance with the previous vehicle while driving three distances in the Jungjin-gu, Jungjin-gu, Daejeon. (2) On the other hand, the Defendant was injured by the 4-5 Yin-gu, Seojin-gu, Daejeon. (4-5) due to the instant accident.

3) The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the instant automobile. [Grounds for recognition] The Plaintiff has no dispute over the instant automobile, Gap evidence Nos. 1 through 4 (Additional Nos. 1 to 4) and the purport of the entire pleadings.

B. According to the above facts of recognition, the Plaintiff is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant accident as an insurer of the instant motor vehicle, except in extenuating circumstances.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of the interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

(1) Employment and income are as indicated in the “basic matters” column for the calculation of the amount of damages in attached Form 1 of personal information: (2) Employment and income: The period of hospitalization (not diversified): Urban Daily Wage: From December 6, 2011 to December 12, 2011; (4) 23% of the total labor capacity loss rate by period from December 6, 201 to December 12, 201; and (10% from December 6, 2011 to December 12, 2011: 518,056 won (74,008 won x 7 days) (2) from December 13, 2011 to December 13, 2011.

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