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(영문) 대전지방법원 2019.01.25 2017가단224040
손해배상(자)
Text

1. The Defendant: (a) KRW 38,525,700 for the Plaintiff and 5% per annum from November 17, 2015 to January 25, 2019; and (b).

Reasons

1. Basic facts

A. The Plaintiff is the victim who was accompanied by the following accident while driving the CF Dok Star Vehicles (hereinafter “Plaintiff”). The Defendant is the comprehensive motor vehicle insurance company of the EW Ⅲ and the 1 ton cargo vehicle of the EW Ⅲ (hereinafter “Defendant vehicle”).

B. Around 06:56 on November 17, 2015, F driven the Defendant’s vehicle, driving the front road located in the G of the mountain of the mountain of the mountain of the mountain of the mountain of the Republic of Korea, and driving the Plaintiff’s front road along the two-lanes from Daejeon to the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the Republic of Korea. The front part of the Plaintiff’s rear part of the Defendant’s front part of the vehicle, which was going ahead of the Defendant’s front part of the vehicle. On the other hand, the I mother project, following the Defendant’s vehicle, concealed the Defendant’s front part of the vehicle, leading

(hereinafter referred to as “instant accident”). C.

As a result of the instant accident, the Plaintiff, who was accompanied by the head of the Plaintiff’s vehicle, sustained the injury, such as the escape certificate of the 3-4 conical signboards.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, the defendant is liable for the damage compensation pursuant to Article 724 of the Commercial Act.

B. As to this, the Defendant asserts that at the time of the instant accident, the Plaintiff sustained an injury resulting from the failure of the Plaintiff to fasten the safety belt while getting on the front line of the Plaintiff’s vehicle or to wear the safety belt properly, and thus, the Plaintiff should offset the Plaintiff’s negligence by 10%.

However, there is no evidence to prove that at the time of the accident of this case, the plaintiff did not fasten the safety belt or not wear it properly in conformity with the directions.

The above assertion is not accepted.

3. In principle, the period for calculating the scope of liability for damages shall be calculated on a monthly basis, but the amount of less than the last month and less than KRW 10 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 to the interim interest rate.

(a)..

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