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(영문) 대구지방법원서부지원 2020.12.24 2020가합53181
손해배상(기)
Text

1. The Defendant: (a) KRW 304,109,924 for the Plaintiff and 5% per annum from August 10, 2016 to December 24, 2020 for the Plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

3. The remainder of the scope of partial flag damage liability, excluding the following parts, shall be dismissed:

The defendant liability ratio: 80% of the plaintiff's negligence contributed to the occurrence of the accident of this case and the expansion of damages, such as the fact that the accident of this case occurred while crossing the crosswalk in violation of the Road Traffic Act and the accident of this case occurred, and that the plaintiff suffered injuries, such as the 12 weeks of injury, since the accident of this case mainly focuses on the head part, and it cannot be ruled out that the damage was increased due to the accident while the plaintiff did not wear the safety mother. Thus, the defendant's liability is limited to 80% in consideration of the above negligence of the plaintiff and the circumstances shown in the argument of this case such as the accident of this case.

(b) Lost income: 306,359,512 won ¡¿ 0.8 = 245,087,609 won (tactation below original level; hereinafter the same shall apply);

(c) Medical treatment expenses) 1: 4,33,270 won x 0.8 = 3,466,616 won 2) future treatment expenses: 34,736,689 won x 0.8 = 27,789,351 won;

(d) Nursing expenses: 17,192,408 won ¡¿ 0.8 = 13,753,926 won;

(e) Costs of purchasing auxiliary equipment: 15,000 won ¡¿ 0.8 = 12,00 won; and

F. It is reasonable to view that both the above deposit money and set-off money were paid as consolation money for criminal agreement, apart from civil damages, in light of the relationship between the Plaintiff’s property damage amount and consolation money, amount of deposit money and circumstances surrounding criminal agreement, etc., it is not deducted from the amount of property damage (However, as seen below, this circumstance is considered in calculating consolation money). The Defendant’s insurance company, a insurance company, has paid it.

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