손해배상(자)
1. The Defendant’s KRW 92,984,214 as well as 5% per annum from February 2, 2015 to November 24, 2016 to the Plaintiff.
1. Occurrence of liability for damages;
A. Basic facts (1) B, around 11:13 on February 2, 2015, driving C Freight Vehicles (hereinafter “Defendant Vehicles”) and driving two lanes in the direction of red elementary school in the direction of Skne-distance distance from the red scar, which is located in Seoul Dongdaemun-gu, Seoul. 51 another three lanes in front of the red scar, the red scar.
During the stop after the stop for the signal atmosphere, the plaintiff who was crossing the road from the right side of the defendant vehicle to the left side because he did not properly stop the front stop, and led to a shock of the plaintiff who was crossing the road from the right side of the defendant vehicle to the left side.
As a result, the plaintiff suffered from the injury of the 12 scarcitys and liver heat.
(2) The Defendant is an insurer who entered into a comprehensive insurance contract with respect to the Defendant vehicle.
[Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, the purport of the whole pleadings
B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.
C. However, the limitation of liability is limited: (a) the Plaintiff’s error of crossing without permission between the vehicles waiting for the signal signal; and (b) the Plaintiff’s error was caused by the occurrence of the instant accident and the expansion of damages.
This is to be considered in determining the amount of damages that the defendant should compensate, but the defendant's liability is limited to 50% by considering all the circumstances such as the circumstances of the accident in this case.
2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.
The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12% to the interim interest rate.
[Reasons for Recognition] A.6 Evidence, A.7 Evidence 1 to 5, B. 3.