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(영문) 대전지방법원 2016.05.18 2014가단215243
손해배상(자)
Text

1. The Defendant’s KRW 934,701,775 for the Plaintiff and KRW 5% per annum from December 15, 201 to May 18, 2016.

Reasons

1. Occurrence of liability for damages;

A. On December 15, 201, at around 00:38, the owner C of the B car car (hereinafter “Defendant vehicle”) concealed the pre-paid vehicle, which was slowly driven in order to regulate drinking driving in the right side of the Seosan-dong, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, and then was injured by the injury of the Plaintiff, who was under the influence of drinking driving, as a auxiliary police officer, while driving under the influence of alcohol, due to the injury of the external wound caused by the cerebral brain injury to the said pre-paid vehicle.

(hereinafter “instant accident”). (b)

Since the accident of this case is due to the operation of the defendant vehicle, the defendant is liable to compensate the plaintiff for the damage caused by the accident of this case.

C. The defendant asserts that the responsibility of the defendant should be limited because he was negligent in the plaintiff, but there is no evidence to acknowledge the plaintiff's negligence, and the defendant's above assertion is

[Grounds for recognition] Class A, Nos. 1, 2, 4 through 6 (including branch numbers for those with branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The following facts within the scope of liability for damages may be acknowledged either in dispute between the parties or in writing Eul evidence No. 1, in this court’s commission of physical appraisal and fact inquiry, and in full view of the purport of all pleadings.

(Calculation's convenience period shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded. The current price calculation at the time of the accident of the amount of damages shall be in accordance with the fractional interest rate which deducts the interim interest at the rate of 5/12 per month. And it shall be rejected that the parties' arguments do not separately provide for.

In full view of the purport of the entire pleadings as a result of physical examination by the head of the Dong University Hospital at the time of the expiration of the life expectancy and the remaining life expectancy, the Plaintiff is expected to have life expectancys equivalent to 30% of the normal person due to severe brain damage. The Plaintiff’s life expectancys around the date of appraisal.

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