손해배상(자)
1. The Defendant’s KRW 63,198,214 as well as 5% per annum from August 20, 2010 to November 12, 2013 to the Plaintiff.
1. Occurrence of liability for damages;
A. The facts of recognition (1) B: (a) around 10:00 on August 20, 2010, while driving a C-motor vehicle and completing a gas station at the E-owned station located D at Jeju, and completing a delivery between the road and the oil station in order to enter the road bypassing it to the road, the Plaintiff’s bicycle driven by the Plaintiff following the delivery on the right side of the course due to negligence that did not properly perform the duty of e-mail and the right and right and right and right and the right and right and right and the right and right and the right and right and the right and the right and right and the right and the right and the right
(2) The Defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to the foregoing automobile.
【Facts without dispute over the grounds for recognition, Gap’s evidence 5, Gap’s evidence 7-1 through 4, Eul’s evidence 3, the purport of the whole pleadings
B. According to the facts of recognition of the above liability, the defendant is liable for all damages suffered by the plaintiff due to the above accident as an insurer of the above automobile unless there are special circumstances.
C. On the other hand, in light of the above circumstances of the limitation of liability and the above accident, even though the Plaintiff, as the gas station, had seen the above vehicle which was trying to enter the road as a road, there was an error in progress without carefully examining the situation, and such error is deemed to have caused the occurrence of the accident in this case and the expansion of damages, so it shall be considered in determining the amount of damages to be compensated by the Defendant, but its ratio shall be set at 30%.
Therefore, the defendant's liability for damages is limited to 70%.
2. Scope of liability for damages
A. The lost income loss equivalent to the monetary total assessment value of the capacity of the Plaintiff lost due to the instant accident is KRW 73,782,353, calculated at the present price at the time of the instant accident in accordance with the discount method which deducts intermediary interest at the rate of 5/12 per month, based on the facts and assessment as set forth in (1) below, based on the facts and assessment as follows:
(1) Facts of recognition and assessment (A) gender: