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(영문) 서울남부지방법원 2016.01.15 2014가단243924
채무부존재확인
Text

1. B driving a C Truck on February 17, 2014 on or around 07:41, and the exit of the ceiling or sub-speak-gu, Ycheon-gu, Ycheon-si.

Reasons

1. Occurrence of liability for damages;

A. In fact, around 07:41 on February 17, 2014, B driven a C Truck and proceeded to the exit exit of the Yancheon-gu, Yancheon-gu, Yancheon-gu, and was stopped in the front bank, and the Defendant, as the driver of the said Yan-5 Hempur, suffered injury, such as the escape certificate of the 4-5 conical signboards, the escape certificate of the conical signboard between the 12 and the 11st century, and the tension, etc. (hereinafter referred to as “instant accident”).

2) The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the above C Truck.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 5, the purport of the whole pleadings]

B. According to the facts of recognition of liability, the Plaintiff is liable for the damages suffered by the Defendant due to the instant accident.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, 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.

(2) Income and operating period: A public educational official appointed as a teacher on March 1, 1998, who received the average of KRW 4,892,710 per month, as requested by the defendant, shall be deemed to obtain the income of KRW 4,892,710 per month.

3) Aftermath disability and labor ability loss ratio A): Ponding from the accident in this case, the head of the Si/Gun/Gu complaining of the upper half of the upper half of the upper half of the upper half of the upper half of the accident in this case, and showing the opinion of protruding out of No. 4-5 protruding out, No. 12 chest-1 of the MRI, effective June 11, 2015, and the relationship with the accident in this case is recognized.

B. Labor capacity loss rate: MaI's 12 chest-1 of the MRI, and 4-5 of the title.

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