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(영문) 서울북부지방법원 2017.08.23 2015가단15044
한정채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 42,382,828 to the Defendant (Counterclaim Plaintiff).

2. The plaintiff (Counterclaim defendant).

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with C with respect to the Plaintiff’s vehicle B (hereinafter, “Plaintiff’s vehicle”).

B. Around 17:00 on October 23, 2013, C caused a traffic accident, which caused the Defendant’s fault of neglecting the front-round city while driving the Plaintiff’s vehicle in the Songpa-gu, Songpa-gu Seoul Metropolitan Government Underground Parking Lot, and caused the roller to be faced with the Defendant who gets involved in the next work (the next traffic accident).

C. The Defendant suffered injuries due to an accident, such as rash, fluoral tension and tension, detailed cerebral tensions, the following and pelvis’s tymorry, and stress disorder on external wounds.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 19, the result of the request for appraisal by this court, the purport of the whole pleadings

2. According to the fact of recognition of liability for damages, C, the driver of the Plaintiff’s vehicle, caused the instant traffic accident by negligence due to the negligence of neglecting the duty of Jeonju, and resulting in the Defendant’s injury, such as the cryp, hump’s salt, tension, etc.

Plaintiff

The plaintiff, who is an insurer who has concluded a comprehensive automobile insurance contract with respect to vehicles, is liable to compensate the defendant for any damage incurred thereby.

3. Scope of liability for damages

(a) Period of admission into lost earnings (from October 24, 2013 to January 20, 2014), rate of 100%: Average monthly wage of 2,108,708 won at the time of an accident 】 92/30 days x 33.1% in the market for three years from the date of appraisal of KRW 6,46,704 x 2,108,708 x 33.1% in the market for three years from the date of appraisal of KRW 6,46,704: 2,108,70 x 33.1% in the x 33.1% in the 31,594,068 won (=25,127,364 won, 6,466,704 won)

B. Medical expenses, etc.: The fact that there is no dispute over KRW 788,760 [based on recognition], the entry in Eul in the evidence Nos. 1 through 19, the result of the entrustment of appraisal by this court, the purport of the entire pleadings, the defendant, for 17 months due to the instant traffic accident, is the wage damage due to the confession on leave of absence, the amount of the national pension decrease.

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