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(영문) 대구지방법원김천지원 2017.12.07 2015가단6377
손해배상(자)
Text

1. The part demanding the payment of 2,214,200 won among the lawsuits filed by the Counterclaim Plaintiff shall be dismissed;

2. The counterclaim Defendant:

Reasons

1. Basic facts

A. At around 17:50 on December 4, 2014, B driven a C vehicle (hereinafter “Defendant vehicle”) and driven a road near the old-dong office of the U.S. Si/Gun/Gu (U.S.), which was stopped due to negligence due to failure to perform his/her duty of care at the front time while driving the road near the old-dong office of the U.S. Si/Gun/Gu (hereinafter “U.S. vehicle”), and the Lessee suffered injury, such as bral dust, fluoral salt, etc.

(hereinafter “instant accident”). (b)

The counterclaim defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), the result of the court's commission of physical examination to the director of Yong-Namnam University Hospital, the purport of the whole pleadings

2. According to the above fact of recognition of the liability for damages, the counterclaim Defendant is liable to compensate the damages suffered by the counterclaim as the insurer of the Defendant’s vehicle.

3. The current value of the amount of damages shall be calculated on a monthly basis at the rate of 5% per month to deduct intermediate interest at the rate of 5% per month, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the amount of less than the last month and less than KRW 5 shall be discarded.

[Reasons for Recognition] Unsatisfy Facts, significant facts in this court, Gap evidence Nos. 4, 5, 7, 8, Eul evidence Nos. 1, 2, 4, 5, 8 through 23, and the result of the court's commission of physical appraisal to the director of Yong-Namnam University Hospital, the result of each fact inquiry to the Korean Compensation Medical Council, the empirical rule, and the purport of the whole pleadings

A. The maximum working age of the day: (a) Date of birth, gender: Dives and male life 2: 4 until July 18, 2020, when 60 years old: 3,100,180 won per month: (i) number of 121,654 won per day x number of working days x KRW 423,792 per December 22), the Lessee operated the Lemi-mixed Transportation Business from December 1, 2011 to E, with the trade name of 58,840,000 won, and thus, (ii) monthly 4,9033 won per month should be based on the calculation of actual income.

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