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(영문) 대구지방법원 서부지원 2018.02.27 2015가단8548
손해배상(자)
Text

1. From May 7, 2012 to February 27, 2018, the counterclaim Defendant: (a) KRW 28,205,94, and KRW 5,000,00 among them, to the counterclaim Plaintiff.

Reasons

1. Occurrence of liability for damages;

(a) The facts subsequent to the facts of recognition do not conflict between the Parties, or may be acknowledged by taking into account each description of Gap evidence Nos. 1, 2, and 3, and Eul evidence Nos. 1, 2, 3, 6, and 12 (including branch numbers; hereinafter the same shall apply), images, and the whole purport of the pleadings:

(1) On May 7, 2012, at around 09:19, C operated D vehicles and proceeded with the road front of the Daegu Dong-gu E building, and concealed the back of the FF vehicle operated by the Lessee, which was stopped for signal atmosphere.

(hereinafter “the instant accident”). The Plaintiff suffered injury to the light signboard escape box due to the instant accident.

(2) The counterclaim Defendant is an insurer which has concluded an insurance contract with respect to the foregoing vehicle operated by C.

(b) C operating a motor vehicle with the basis of liability has the duty of care to prevent accidents by accurately operating the steering gear and steering gear well.

Nevertheless, C neglected such duty of care and caused the instant accident by neglecting the vehicle of the Counterclaim Plaintiff due to the negligence in progress.

The counterclaim Defendant is a guard of the foregoing vehicle, and is liable to compensate the damages incurred by the counterclaim due to the instant accident.

2. Scope of liability for damages (based on recognition), entry of Gap evidence 1 through 7, Eul evidence 5 through 8, and 10 evidence, result of a commission of physical appraisal to appraiser G of this court, purport of whole pleadings.

A. The Plaintiff asserts that (1) personal information H, female, and accident 48 years of age 1,66 months of age at the time of the accident, the occupation, income, and the Counterclaim Plaintiff on the end of the operation, as a private extracurricular teacher, had an average of KRW 2,971,00 per month at the time of the accident in this case.

According to the evidence Nos. 9 and 13, although the Lessee was deemed to have worked as a private extracurricular, the evidence alone is insufficient to recognize that the monthly income of the Lessee was KRW 2,971,00, and there is no other evidence to acknowledge it.

Rather, this Court orders the submission of taxation information on the Seo Daejeon Tax Office.

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