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(영문) 대전지방법원 2018.06.28 2017나110470
손해배상(자)
Text

1. Of the judgment of the court of first instance, KRW 213,005,461 against the Plaintiff and its related thereto from November 6, 2009 to June 28, 2018.

Reasons

1. Basic facts

A. At around 05:42 on November 6, 2009, F driven a G car (hereinafter “Defendant car”) under the influence of alcohol with a level of 0.165% (hereinafter “Defendant car”) and was driven in violation of the signal from the shock distance in the Hansung-dong, Nam-gu, Seoul Special Metropolitan City, the F shocked the I car of the driver car (hereinafter “Plaintiff car”) on the left left-hand under the direct left-hand line.

(hereinafter “instant accident”). (b)

In the instant accident, the Plaintiff, who was on the top of the steering force of the Plaintiff’s vehicle, was injured by the following: (a) the opening frame of the Plaintiff’s vehicle; (b) the left-hand luminous bones; and (c) the closing frame of the malithal, and the malille

C. The defendant is the insurer who has concluded the comprehensive automobile insurance for the defendant's automobile.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 10 evidence (including branch numbers; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. According to the facts found above, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case which occurred during the operation of the defendant's automobile as the insurer of this case.

In light of the fact that the plaintiff's injury is an inner part of the plaintiff's injury, the defendant asserts that the defendant's responsibility should be limited to not more than 80% since the plaintiff appears to have failed to wear a safety level, but there is no evidence to support that the plaintiff did not wear a safety level.

The defendant's above assertion is without merit.

3. In principle, the period for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the current value at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 percent per month.

The arguments of the parties, which are not indicated below, shall be dismissed.

Personal data 1) NJ females, 43 years old and 6 months old at the time of the accident, and income.

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