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(영문) 대구지방법원 2014.10.31 2013가단820815
손해배상(자)
Text

1. The counterclaim Defendant: 3,384,300 won to the counterclaim and 5% per annum from November 18, 201 to October 31, 2014.

Reasons

1. Occurrence of liability for damages;

A. (i) On November 18, 201, B purchased a comprehensive automatic damage compensation insurance policy by a counterclaimed Defendant, driving CNS vehicle, an insured vehicle, at around 17:10 on November 17, 201, and driving the border fisheries cooperation distance in FFE Dong-dong, Daegu-gu, on one-lane from the direction of FFE to the direction of the head of FFE.

At that time, B, even though it is necessary to see the right and the right and the right and the right and the right and to accurately operate the steering direction and the brakes accurately, due to negligence, B, which did not properly operate them, conflict with the back part of the Plaintiff’s driver’s vehicle in the signal waiting in front of the same direction with the front part of the Nevis vehicle.

(hereinafter referred to as the “instant accident”) owing to the instant accident, the Lessee suffered an injury to the following: (a) the Lessee suffered an injury: (b) the conjection and the conjection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 4, 5, 6, 7, and 10 (including paper numbers), each of the physical appraisal commissioned, the purport of the whole pleadings

B. (1) According to the above facts, barring any special circumstance, the counterclaim Defendant, an automobile insurance company, is liable to compensate for the damages suffered by the counterclaim due to the instant accident.

B. As to Doshe, the counterclaim Defendant asserts that the instant accident is merely a minor contact accident, and thus, the Plaintiff cannot suffer injury, and the injury suffered by the Lessee is due to the king that occurred before the instant accident. Thus, the instant accident asserts to the effect that there was no causal relation with the injury of the Lessee.

However, each statement and image of Gap evidence 2 through 6 (including paper numbers) are insufficient to recognize the facts of the counterclaim defendant's assertion, and there is no other evidence to acknowledge this, the above assertion of the counterclaim defendant's above exemption cannot be accepted.

2. Scope of liability for damages

(a)the period of time for calculation shall, in principle, be calculated on a monthly basis, be discarded below the cost, and the present price calculation at the time of the accident shall be at the rate of 5/12 per cent per month;

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