(영문) 광주지방법원 2018.10.17 2018가단507313

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(영문) 광주지방법원 2018.10.17 2018가단507313

손해배상(자)

Text

1. The Defendant’s KRW 28,094,443 as well as the Plaintiff’s annual rate of KRW 5% from December 15, 2016 to October 17, 2018.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Nonparty C is a k5 car at around 19:15 on October 17, 2016 (hereinafter “instant accident car”). Nonparty C is a k5 car.

2) On the other hand, the traffic police was under the control of the traffic police while driving a 4-lane road in front of the 739 small-scale monthly distance from the area of the main body of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the south-gu of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city.

3) In the instant accident, the Plaintiff suffered injuries, such as clocks, tensions, and clocks of light signboards. 4) The Defendant was a mutual aid association that entered into a mutual aid agreement with respect to the instant accident vehicle.

[Ground of recognition] Gap evidence 1, 2, Gap evidence 3-1, 2, and 4-1, the video (Evidence No. 10) verification result of this court, the purport of the whole pleadings

B. Under Article 3 (Liability for Damages) of the Guarantee of Automobile Accident Compensation Act, Articles 724 (Direct Claim against Insurer) and 726-2 (Liability for Indemnification of Automobile Insurers) of the Commercial Act, the Defendant is liable to compensate for all damages suffered by the Plaintiff due to the instant accident.

2. In principle, the period of calculating the scope of compensation for damage shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;

The current price calculation at the time of the accident shall be based on the calculation of the amount of damages, which deducts interim interest at the rate of 5/12 per month as a simple interest.

It shall be rejected that the parties' arguments are not separately explained.

[Ground of recognition] A without dispute, Gap evidence 5-1, Gap 7, 8, 9, Eul evidence 1, and Eul 3-3.

참조조문

-상법 제724조

-자동차손해배상 보장법 제3조

유사 판례

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