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(영문) 수원지방법원 2018.08.02 2015가단120570
손해배상(기)
Text

1. The Defendant’s KRW 8,191,871 as well as the Plaintiff’s annual rate from July 5, 2013 to August 2, 2018.

Reasons

1. Facts of recognition;

A. On July 5, 2013, the Defendant: (a) did not discover the Plaintiff, who was the front, and did not discover the address; and (b) did not shock the Plaintiff’s right growth part of the Plaintiff’s right growth at a cart, at the C point located in Young-si, Young-si; and (c) did not discover the address of the Plaintiff.

(hereinafter “instant accident”). (b)

As a result of the instant accident, the Plaintiff suffered injuries, such as salted satises, coordinatess, etc., to the right side.

C. On August 19, 2013, upon the Plaintiff’s complaint, the Prosecutor issued a summary order of KRW 500,000 (Uwon District Court Decision 201Da16896) against the Defendant by regarding the instant accident as the crime of injury by negligence under the Criminal Act, and the said summary order became final and conclusive as it is.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 4, and 5, and substantial facts to this court

2. The assertion and judgment

A. According to the above facts finding that the defendant is liable for damages sustained by the plaintiff due to the tort caused by negligence caused by the plaintiff.

The defendant asserts that the defendant's liability should be limited in consideration of the plaintiff's negligence, but there is no evidence to acknowledge that the plaintiff's negligence was involved in the occurrence of the accident of this case. Thus, the above argument shall not be accepted.

(b) The scope of compensation for damage (hereinafter referred to as "founded ground for recognition") is without dispute; the written evidence in Gap evidence Nos. 2, 4, 14 through 22 (including numbers; hereinafter the same shall apply); the result of the physical examination commission to the director of the National University of Motol, the purport of the whole pleadings; 1) the king treatment expenses (i) from July 5, 2013 to March 25, 2014: 2,384,910 won (Evidence No. 2 and 4) (Evidence No. 2 and 8, 2014 to May 8, 2018): The treatment expenses from March 26, 2014 to May 5, 2018: the contribution rate of 5,560,248 won (Evidence No. 14 to 222): the result of physical examination to the director of the National University of Katol University of 30%.

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