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(영문) 수원지방법원 2015.07.10 2014가단10058
채무부존재확인
Text

1. On December 13, 2010, at around 07:38, 07:00, the small and medium-line inland highways located in the small and medium-sized Gyeong-si, Chungcheongnam-do. 8.5km.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract for the motor vehicle B (hereinafter referred to as “victim”), and the Defendant is the driver of the vehicle C (hereinafter referred to as “victim”).

B. On December 13, 2010, around 07:38, 2010, the Defendant observed an accident in the frontline while driving a damaged vehicle in the vicinity of the mid-to long intersection of the mid-to long-distance Highway located in the city asbestos, but the Defendant stopped the damaged vehicle and shocked the back of the damaged vehicle.

(hereinafter referred to as “the primary accident”). The D vehicle (hereinafter referred to as “the vehicle”) at the time of the Defendant’s moving of the damaged vehicle immediately after the primary accident re-influences the rear of the damaged vehicle (hereinafter referred to as “the second accident”). The Defendant suffered from the injury, such as the string and the tension of the shoulder and the tension.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1-3 and the purport of the whole pleadings]

B. According to the above facts of recognition, the Plaintiff is liable for compensating the Defendant for the damages incurred by the Defendant due to the first and second accidents as the insurer of the vehicle that caused the damage.

2. A period for calculating the scope of compensation for damage shall, in principle, be calculated on a monthly basis, but less than a month shall be included in the part on which the appraised value is less than the month, and less than the last month and less than a won shall be discarded, and the current price shall be calculated at the time of the accident of the amount of damage by the simple interest method that deducts the intermediary interest at the rate of 5/12

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

일실수입 ⑴ 인정사실 ㈎ 인적사항 : 별지 손해배상액 계산표의 ‘기초사항’란 기재와 같다.

㈏ 소득 : 월 평균 4,615,438원(= 2010년 급여 55,385,260원 ÷ 12개월) 일 평균 151,740원(= 2010년 급여 55,385,260원 ÷ 365일) ㈐ 후유장애 및 노동능력상실률 ①...

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