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The judgment of the first instance court, including the counterclaim claim by the defendant (Counterclaim plaintiff) expanded by this court, is as follows.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with D with respect to the E vehicle (hereinafter “Plaintiff vehicle”).
B. On July 21, 2015, around 12:21, 201, the driver of the Plaintiff’s vehicle: (a) placed a back-time flag at the height of the 548 Ansan-dong, Sinsan-si, a member of the Plaintiff’s Masan-si, in a stop and start-down at the height of the 548 Ansan-dong, and collision between the Defendant’s driver, waiting for the departure of the Plaintiff’s vehicle behind the Plaintiff’s vehicle; (b) resulting in the Defendant’s other injury, such as brain cerebrs, etc. (hereinafter “instant accident”); (c) there is no dispute over the ground for recognition”); (d) the entry or video of the evidence Nos. 1, 2, and 5; (e) the statement or video of the evidence No. 1 to No. 4; (e) the physical diagnosis of the head
2. According to the above facts finding that the accident of this case occurred due to the tort committed by the driver of the plaintiff vehicle, the plaintiff, the insurer of the plaintiff vehicle, is liable to compensate the defendant for the damage suffered by the defendant due to the accident of this case.
3. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis in principle, 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 on a simple discount rate which deducts interim interest at the rate of 5/12 per month, and it shall be rejected that the parties' arguments do not separately explain.
[Ground of recognition] A without dispute, Gap evidence Nos. 7, Eul evidence Nos. 5 through 15, each statement of evidence Nos. 5 through 15, the first deliberation G hospital head, C hospital head, and the fact-finding with respect to C hospital head, the result of inquiry of facts about G hospital head, the purport of the whole pleadings
(a) Daily income 1) Monthly, Gender, and Operation Year: H 65 years old: Income: 3) Ordinary People’s daily wage in the city, 582 days after the date of an accident for calculation convenience for 582 days in the period of hospital treatment for the loss rate of disability and labor ability.