채무부존재확인
1.The judgment of the first instance shall be modified as follows:
The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 8,982,515.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Occurrence of liability for damages;
A. At around 18:05 on December 19, 2012, C: (a) the Defendant, who was crossing the four-lane road from the left side of the accident vehicle, to the right side of the road, due to the mistake that neglected to perform the duty of emulation of emulation, while driving a small-scale cab owned by C (hereinafter “accidented vehicle”) and driving a emulation-type B-type cab (hereinafter “accidented vehicle”) on the part of the emulation and emulation of the emulation emulation, was damaged by the Defendant’s emulation and emulational emulation.
(B) The Plaintiff is a mutual aid business operator who entered into a mutual aid agreement with C on the motor vehicle involved in the accident. According to the above facts of recognition as follows: (a) evidence Nos. 1, 2, and evidence Nos. 2 through 5 (including each number; hereinafter the same shall apply); and (b) the purport of the entire pleadings, the instant accident is deemed to have occurred due to the negligence of C who violated the duty of Jeonju, and thus, the Plaintiff, a mutual aid business operator who entered into a mutual aid agreement on the motor vehicle involved in the accident, is liable for compensation for the damages suffered by the Defendant due to the instant accident.
B. According to the evidence Nos. 1, 2, and 2, and 3 of the limitation of liability, the defendant can recognize the fact that the accident in this case occurred while crossing a four-lane road at night. Considering the above defendant's negligence, the plaintiff's responsibility for the accident in this case is limited to 70%.
2. Except as otherwise provided under the scope of damages, it shall be as stated in the attached Table of Calculation of Damages.
The calculation of the present price shall be in accordance with the Hofmanization discount method, and the period of less than a month and the amount of less than a won shall be discarded.
(1) Income assessment: Urban daily wage (81,443 won as at the time of the instant accident, 83,975 won as at May 83, 2013, 84,166 won as at September 2013, and 86,686 won as at May 2014.