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(영문) 대전지방법원 2016.07.01 2015가단19916
손해배상(자)
Text

1. The counterclaim Defendant: 3,086,891 won to the counterclaim and 5% per annum from July 11, 2013 to July 1, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 09:45 on July 11, 2013, when driving a car C car (hereinafter “Defendant vehicle”) and bypassing the road in front of the Sungnam-dong branch of Daejeon Dong-dong, Daejeon, the part of the bicycle rear wheels crossing the bicycle crossing the right right from the left side of the running direction of the Defendant vehicle was shocked to the right side of the Defendant vehicle, thereby causing injury to the Counterclaim who driven the bicycle, such as an alleys in the upper part of the upper part of the upper part of the upper part of the upper part of the right side.

(2) The counterclaim Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 1, the purport of the whole pleadings

B. According to the fact of recognition of liability, the counterclaim Defendant is liable to compensate for the damages suffered by the counterclaim due to the instant accident as the insurer of the Defendant’s vehicle, and the Defendant’s vehicle shocked the rear wheels of the bicycle driven by the counterclaim. In light of the fact that the Defendant’s fault set-off claim by the counterclaim Defendant is rejected.

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

Income (1) Income: (2) Calculation of lost earnings based on the daily wage of urban ordinary workers (2) 8.1% of the labor capacity loss rate due to changes in the ductal angle from the outer half of the aggregate, 3.3% of the Mabrid Disability Assessment Table, which is applied mutatis mutandis to the aggregate section V-1 of the Mabrid Disability Assessment Table to 1/3, and the outer half of the year, to the outer half of the year after the date of operation ( July 16, 2013).

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