손해배상(자)
1. The Defendant (Counterclaim Plaintiff) paid KRW 17,282,253 to the Plaintiff (Counterclaim Defendant) and its related amount from March 14, 2013 to June 12, 2015.
1. Facts of recognition;
A. B driving a vehicle around 08:05 on March 14, 2013 (hereinafter “Defendant vehicle”) and driving a vehicle at around 08:05 (hereinafter “Defendant vehicle”) along one-lanes from the location of the lender apartment to the cultural middle school from the location of the Gyeong-dong, Chungcheongnam-gu, Gwangju.
In the modern apartment, the plaintiff was shocking the D-car of the plaintiff's driving from the opposite side to the U.S. apartment, and the plaintiff suffered an injury, such as the escape from a warning sign due to the above accident.
(hereinafter “instant accident”). B.
The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.
[Ground for Recognition: Unsatisfy, Gap evidence 2, 3, 4, 9
(i) Eul evidence Nos. 1, 3, 4, 10, the purport of the whole pleadings
2. Determination on the main claim
A. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.
B. However, according to the evidence above, since the accident site was an intersection where traffic control is not performed, the plaintiff has a duty of care to safely pass by examining whether there is a vehicle that proceeds from other ports while driving as the plaintiff, and the error of neglecting such duty was caused by the accident of this case.
Therefore, the Defendant’s liability is limited to 70% by comprehensively taking into account the following circumstances, such as the Plaintiff’s negligence, the circumstances leading up to the instant accident, the degree and degree of injury and the aftermath disability, and the progress of treatment.
(c) In addition to the matters stated below the scope of liability for damages, it is identical to each corresponding item of the attached Table of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.
The current value calculation at the time of the accident shall be the one that deducts the interim interest at the rate of 5/12 per month.