손해배상(자)
1. The Defendant (Counterclaim Plaintiff) paid KRW 3,500,439 to the Plaintiff (Counterclaim Defendant) and its related amount from May 22, 2012 to July 24, 2015.
1. Facts of recognition;
A. On May 2, 2012, at around 11:00, B driven a C vehicle (hereinafter referred to as “Defendant vehicle”) on May 22, 2012, the Plaintiff was shocked to the left-hand side from the right-hand side of the Defendant vehicle while moving bypassing the road in front of the new complex 11 apartment complex in Jung-dong, Jung-gu, Seoul Metropolitan Government along the two-lanes in the direction of Jung-gu, Jung-gu, Seoul to the right-hand side of the vehicle, and the said accident was sustained by the Plaintiff, such as the strong sloping of the left-hand side and the alley of the original
(hereinafter “instant accident”). B.
The defendant is a mutual aid business operator who has entered into a mutual aid contract for the defendant vehicle.
[Reasons for Recognition: Facts without dispute, Eul evidence Nos. 1, 2, 3 (including paper numbers), 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. The limitation of liability, however, according to the evidence above, the location of the accident in this case is an apartment complex front of the apartment complex where the passage of the vehicle is not high, and since the Defendant’s vehicle was at the vicinity of the crosswalk, the Plaintiff was negligent in neglecting the passage even though it had been taken into account well, and thus, the Defendant’s liability is limited to 80% by comprehensively taking into account all the circumstances indicated in the argument in this case, such as the Plaintiff’s negligence and other circumstances surrounding the accident in this case, the injury and the degree of the injury, the treatment progress, etc.
(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 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.
(1) The actual income (A).