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(영문) 대전지방법원 2016.12.23 2014가단223190
손해배상(자)
Text

1. The Defendant’s KRW 101,517,385 as well as 5% per annum from October 5, 2013 to December 23, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. At around 19:20 on October 5, 2013, Nonparty B, who was operating the ambato 4 from the amba-distance Intersection 4 to the amba-section 310cc off (hereinafter “damba-road”), caused the Plaintiff’s injury, such as the Plaintiff’s driver’s amba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damba-in damb

(hereinafter “instant accident”). (b)

The defendant is the insurer of the household vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above fact of recognition of the occurrence of liability for damages, the defendant is liable for the damages suffered by the plaintiff as an insurer of a sea-going vehicle.

(Article 724 (2) of the Commercial Act, Article 3 of the Guarantee of Automobile Accident Compensation Act).

In addition to the matters provided separately below the scope of liability for damages, it shall be the same as each relevant item of the attached Table of the calculation of damages, and 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 5/12 percent per month to deduct the interim interest.

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

(1) Active damage: 12,281,571 anti-salvable future treatment costs: 10,518,096 won (the assumed that an anti-salvable amount of KRW 12,140,000 is spent on November 10, 2016, following the date following the date of closing the argument) / [based on recognition] An appraisal by the Chungcheongnamnam University Hospital (Seong-type department): 1,763,475 won for the 1,765 week, and one nursing at the 3 weeks in 2013.

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