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(영문) 청주지방법원 2017.08.18 2016가단8756
손해배상(자)
Text

1. The Defendants jointly share KRW 7,066,719 with respect to the Plaintiff and KRW 5% per annum from December 19, 2015 to August 18, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant B’s vehicle C SP car at around 18:10 on December 19, 2015 (hereinafter “ASP car”)

2) The Plaintiff’s error in driving the said D apartment at the entrance of the subsequent entrance of the D apartment at the Cheongju-si, Chungcheongnam-gu, Chungcheongnam-gu (hereinafter “instant accident”) led the Plaintiff to the injury of the Defendant, i.e., the next 200 U.S., the U.S. C., who driven the said D apartment at the entrance of the subsequent entrance of the D apartment at the Cheongju-gu, Chungcheongnam-gu (hereinafter “instant accident

2) Defendant Eastern Fire Marine Insurance Co., Ltd. is an insurer that entered into an automobile comprehensive insurance contract with respect to a sea vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

B. According to the above facts of recognition of liability, the defendants are jointly and severally liable for damages incurred by the plaintiff due to the accident in this case.

As to this, the Defendants asserted that, on the premise that at the time of the instant accident, the Plaintiff was negligent in failing to wear a protective gear and neglecting the duty of care, the Plaintiff’s negligence is at least 20%, and thus, the Defendants’ liability should be limited. However, the Plaintiff did not wear a protective gear at the time of the instant accident on the sole basis of the written statement in subparagraph 2

The defendant's assertion is without merit, since it is insufficient to recognize negligence in driving or driving, and there is no other evidence to acknowledge it.

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 current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

Daily income: 2,066,719 Basics: Table 1 below:

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