1. The Defendant’s KRW 106,220,794 as well as the Plaintiff’s annual rate from October 16, 2012 to March 4, 2015, and the following.

1. Occurrence of liability for damages;

A. Facts of recognition 1) Nonparty B’s vehicle C around October 16, 2012 (hereinafter “Defendant vehicle”) around 16:20 on October 16, 2012

)을 운전하여 양산시 D 소재 E회사 앞 편도 2차선 도로를 2차선을 따라 원고 운전의 F 오토바이 뒤를 따라가고 있었으므로, 안전거리를 유지하여 진행할 의무가 있음에도 원고의 오토바이에 근접하게 운전하였고, 이에 위협을 느낀 원고가 술에 취한 상태에서 우측 갓길로 피고 차량을 피하려다 중심을 잃어 도로 연석을 충격하고 2차로로 튕겼다. B은 안전거리를 확보하지 않은 상태로 진행하는 바람에 피고 차량으로 넘어진 원고를 피하지 못하고 쳤다(이하 ‘이 사건 사고’라 한다

(2) The Plaintiff is an insurer who entered into an insurance contract with the Defendant to compensate for damages caused by an accident that occurred while driving the Defendant’s vehicle.

[Ground of recognition] In the absence of dispute, Gap evidence 1, 2, Gap evidence 4-1, 5, 5, 6, Eul evidence 5-3 through 15, and the whole purport of each video and pleading

B. According to the above facts, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

However, the plaintiff is also under the influence of alcohol and is driving in violation of the method of road progress without properly responding to the plaintiff's vehicle that is approaching him/her.

Since the accident of this case occurred, the plaintiff's negligence is considered 40% and the defendant's negligence is limited to 60%.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, 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.