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(영문) 인천지방법원 2020.09.23 2019나72307
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The status of the parties is the owner and driver of the DYF rocketing vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is the owner and the owner of the E Kaz vehicle (hereinafter “Defendant vehicle”), and the Co-Defendant C Association of the first instance is the insurer who concluded an insurance contract with the Defendant vehicle.

B. (1) On August 4, 2018, the occurrence of the accident occurred within the blue-do of 1124-13 national highways located in Pyeongtaek-gun, Gyeonggi-do, 1124-13, and the flow of the previous vehicle is changed from the two-lane to the one-lane, and the part behind the Plaintiff’s vehicle, which was stopped as the well as the one-lane of the previous vehicle, is shocked with the front part of the Defendant vehicle (hereinafter “instant accident”).

(2) The Plaintiff was diagnosed as “Saevis, tension, saevis, and tension” due to the instant accident, and was hospitalized at the Gwon located in the Incheon Bupyeong-gu for 20 days from August 6, 2018 to August 25, 2018. The Plaintiff was hospitalized at the Plaintiff’s joint Plaintiff H and I, who was accompanied by the Plaintiff’s vehicle, for the three-day period from August 6, 2018 to August 8, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The scope of this Court’s adjudication, the Plaintiff, the first instance court’s co-Plaintiff H, and the first instance court’s co-Defendant C Mutual Aid Association filed the instant lawsuit seeking payment of damages for tort, and the first instance court rendered a judgment that partly accepted the Plaintiff, the first instance court’s co-Plaintiff H, and I’s claim.

Accordingly, only the Defendant appealed for the part against the Plaintiff’s claim, and the part concerning the claim against the Defendant by the Plaintiff and the Co-Defendant CF of the first instance judgment against the Plaintiff and the Co-Defendant CF of the first instance judgment, and the part concerning the claim against the Defendant by the Co-Defendant H and I of the first instance judgment is separated and confirmed as they are. Thus, the scope of the judgment of this court is limited

3. The plaintiff's assertion.

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