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(영문) 대구지방법원 2020.07.22 2019나318438
손해배상(자)
Text

1. Of the judgment of the first instance, the part concerning Plaintiff A, including the Plaintiff’s claim extended by this court, is as follows.

Reasons

1. Occurrence of liability for damages;

A. 1) On July 8, 2014, F: (a) around 17:26, Jul. 8, 2014, the G Exposure vehicle (hereinafter “Defendant vehicle”).

2) While driving the Plaintiff and driving the Plaintiff’s front road located in Busan Shipping Daegu H, due to negligence in operating the mobile phone while driving the Plaintiff’s mobile phone, and entering the sidewalk after leaving the road due to the driver’s negligence of neglecting the front-down city, the Plaintiff, who was on the front of the instant vehicle, was shocked with the front-hander of the instant vehicle, and the Plaintiff, who was on the front of the instant vehicle, was forced to stop immediately after the shocking of the Plaintiff, even though he was forced to stop, due to negligence in the process of the speeding the Plaintiff, and caused the collision between the Defendant vehicle and the telegraph (hereinafter referred to as the “instant accident”).

2) The Plaintiff A suffered injuries, such as the left-hand alley and non-alley opening alley, the left-hand alley, and the open-to-door alley, etc., due to the instant accident, and cut down the said parts without the left-hand side.

3) The Defendant is an insurer that entered into an automobile comprehensive insurance contract with the Defendant vehicle. 4) The Plaintiff B’s spouse, Plaintiff C, and Plaintiff D are children of Plaintiff A.

[Ground of recognition] Facts without dispute, entries or images of Gap evidence Nos. 1-3 and 13, and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident in this case as the insurer, unless there are special circumstances, since the plaintiff Gap suffered bodily injury due to the operation of the defendant vehicle.

2.In principle, the period of time below the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than 10 won shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, the parties' arguments are not stated separately.

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