손해배상(자)
1. The Defendant: 42,478,693 won to Plaintiff A and 5% per annum from April 19, 2013 to September 21, 2018; and
1. Occurrence of liability for damages;
A. The facts of recognition reveal that Nonparty C driven a 25 tons wing wing wing (hereinafter “instant cargo vehicle”) around the Ejust Station located in D on April 19, 2013, around 09:00, when he changed from three to four lanes, Nonparty C concealed the left-hand side of the instant passenger vehicle (hereinafter “instant passenger vehicle”); Plaintiff A is the owner of the instant passenger vehicle; Plaintiff B is the owner of the instant passenger vehicle; Plaintiff B is the passenger; the Defendant was the mutual aid business operator who entered into a comprehensive insurance contract (mutual aid) on the said cargo vehicle; or the Defendant is recognized by comprehensively taking account of the following: (a) there is no dispute between the parties concerned; and (b) the written evidence No. 3 and No. 20; and (c) the overall purport of the pleading No. 1 to No. 6.
B. According to the above facts of recognition of liability, C is negligent in neglecting its duty to safely change the vehicle line and prevent the occurrence of an accident, even though it has a duty to safely change the vehicle line, and such mistake was the cause of the instant accident and the occurrence of damage.
Therefore, the defendant, who is the mutual aid business of the freight truck of this case, is obligated to compensate the plaintiffs for the damages incurred by the accident of this case.
C. However, the limitation of liability is reasonable to limit the defendant's liability to 90% in consideration of the circumstances surrounding the accident in this case and the various circumstances shown in the argument in this case, including the fact that the plaintiff A appears to have been unable to perform his duty to prevent the accident by properly avoiding the freight of this case, which is being changed in the course of driving the car of this case.
2. Scope of liability for damages
A. The loss of the Plaintiff A’s lost income equivalent to the monetary value of the lost capacity of the Plaintiff A caused by the instant accident shall be deducted from the intermediate interest at the rate of 5/12 per month based on the following facts and assessment.