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(영문) 대구지방법원김천지원 2015.10.07 2014가단10843
손해배상(자)
Text

1. The Defendant’s KRW 12,679,678 as well as the Plaintiff’s annual rate from February 2, 2011 to October 7, 2015.

Reasons

1. Basic facts

A. A. On February 2, 2011, B driven a C vehicle (hereinafter “Defendant vehicle”) around 11:20, while proceeding from the four-distance distance of Embri-ri No. 2 in the Gu-U.S. Sinsan-ri, U.S., U.S., to the 1st square from the U.S. on the right side, B received the front side of the Defendant vehicle from the front side of 125cc U.S., where the Plaintiff’s driver’s license plate was not displayed on the right side from the right side

(hereinafter “instant accident”). (b)

As a result of the instant accident, the Plaintiff suffered injuries, such as mination of mincts between left-hand and left-hand.

C. The defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, the purport of the whole pleadings

2. According to the above recognition of the liability for damages, the accident in this case occurred due to a mistake that occurred due to the failure of the Defendant’s driver to perform his duty of care at the intersection where the traffic control is not performed by the Defendant’s driver, while neglecting his duty of care at the intersection where the traffic control is not performed. Thus, the Defendant is liable to compensate the Plaintiff

However, even in the case of the Plaintiff, it is deemed that the Plaintiff has a duty to ensure the safety of the Plaintiff by taking into account the traffic situation well, and the Plaintiff has been negligent in driving Oba at the time of the instant accident. Such negligence of the Plaintiff is also a cause for the occurrence of the instant accident and the expansion of damages. Therefore, the Defendant’s liability is limited to 80% by taking into account all the circumstances, such as the background of the accident, etc.

3. The following facts are acknowledged according to the evidence prior to the scope of liability for damages, Gap evidence Nos. 7 to 9, Gap evidence Nos. 11 to 21, and the results of the physical examination entrusted to the president of the Gyeongbuk University Hospital.

In addition to the following separate statements, each relevant item of the attached Table of the calculation of the amount of damages shall be the same, and the period for the convenience of calculation shall be monthly.

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