손해배상(자)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The reasons for this part of the facts of recognition are the same as the reasons for the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Occurrence of liability for damages;
A. According to the above fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle.
B. The limitation of liability, however, according to the evidence as seen earlier, the Plaintiff appears to cross one lane out of the three lanes without examining whether there is a vehicle running on the lane of the instant accident, and the Defendant’s driver seems not to have been easy to recognize the Plaintiff’s unauthorized crossing of the vehicle by leaving the two-lanes and the three-lanes. In addition, considering the fact that the Defendant’s driver, as well as the limited speed of 80 km/h road at a speed of 0 to 20 km/h speed, the occurrence of the instant accident is larger than the Plaintiff’s negligence, and the Defendant’s liability is limited to 20% in consideration of such circumstances.
On the other hand, the plaintiff's injury and disability include multiple sub-compactivity, and a separate consideration is required for this, so it should be seen in the pertinent paragraph.
3. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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 percent per month to deduct the interim interest.
In addition, it is rejected that the parties' arguments are not stated separately.
[Grounds for recognition] Facts without dispute, Gap evidence 5-3, Gap evidence 10, 12 (including paper numbers), the result of partially commissioning the G Hospital president with the physical examination (except for the part rejected later), the result of fact inquiry about the G Hospital president of the party, and the purport of the whole pleadings.