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(영문) 대구지방법원경주지원 2017.07.11 2015가단14139
손해배상(자)
Text

1. On October 17, 2010, with respect to traffic accidents that occurred in front of the Marart in the Southern-gu, South-gu, Pohang-si at Port-si around 14:10.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with Nonparty D with respect to F vehicle (hereinafter “F vehicle”).

B. Around 14:10 on October 17, 2010, D, while driving a sea-going vehicle and neglecting the duty of care in the front of the south-gu would cause the Defendant’s G vehicle stopping in the front bank (hereinafter “victim”) who stopped in the front bank (hereinafter “instant accident”).

C. The Defendant suffered from injury on the part of the fore and in the background due to the instant accident, and received hospitalized treatment from October 18, 2010 to November 19, 2010 due to the climatic and climatic pains, and received irregular outpatient treatment from November 20, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), entry of Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff asserts that the defendant's damage caused by the accident of this case is KRW 2,105,220, and therefore, the plaintiff's obligation to pay insurance money to the defendant under the motor vehicle insurance contract of this case stated in the attached Form does not exceed the above amount.

In regard to this, the Defendant, due to the instant accident, sustained damages from spine damage with 12% labor capacity up to September 22, 2018, and from adaptation disorder with 22% labor capacity up to November 30, 2017, each of which is 41,576,849 won, 3,757,420 won for daily lost income, and future medical treatment expenses of KRW 4,677,80, 2000 for solatium, and KRW 70,012,069 in total, including solatium damages with labor capacity loss rate of KRW 12% up to September 22, 2018, and damages therefrom, and sought compensation against the Plaintiff.

Meanwhile, the Defendant shall first claim the part damaged by mental health medicine until November 30, 2017, and the part damaged by spine until September 22, 2018, and even after the fact, the Defendant shall be the Defendant.

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