손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
In light of the above legal principles, it is reasonable to view it as 10%.
The plaintiff asserts 100% of the loss rate of labor ability even for the period of the commuting, but it is difficult to recognize it only by the fact that he received the commuting treatment, and the plaintiff's assertion on this is not accepted.
The daily income calculated on the basis of the unit price of daily wage of 118,130 won in a quarter of April 2018 is 2,705,578 won (=18,130 won x the number of working days excluded from public holidays x 23 days x 100% x 0.958).
(B) The amount of less than the original shall be applied to butane, as a single law.
The plaintiff 107,190 won is the beneficiary of medical treatment, and according to the statement of Gap evidence No. 4, the plaintiff's medical expenses (the principal's expenses) incurred due to the accident of this case are recognized as 107,190 won.
C. The Defendant’s liability is limited to 70% in consideration of the Plaintiff’s negligence. As seen earlier, the Defendant’s property damages that the Defendant should pay to the Plaintiff are KRW 1,968,937 [Article 1,968,937 [Article 205,578 [Article 107,190]; *70% of the Plaintiff’s property damages.
The amount of consolation money shall be 500,000 won, comprehensively taking into account all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the degree of injury of the Plaintiff, and the degree of negligence of the Plaintiff and the Defendant.
E. Accordingly, the Defendant is obligated to pay to the Plaintiff 2,468,937 won in total as damages arising from the instant accident (=property damages of KRW 1,968,937 and KRW 500,000), which is the date of the instant accident, to the Plaintiff, 5% per annum as stipulated in the Civil Act from October 5, 2018, which is the date of the instant judgment, until October 15, 2020, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of the instant judgment.
4. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit, and the judgment of the court of first instance shall be dismissed.