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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Occurrence of liability for damages;
A. 1) On December 8, 2016, C driving a D bus (hereinafter “Defendant vehicle”) around 20:05, and driving it into a E apartment room in front of the Office of Education of Mapo-ro 17, Mapo-ro, Mapo-ro, Mapo-ro, Mapo-ro, by failing to comply with the duty of Mapo-ro, and due to the negligence of violating the duty of Mapo-ro, the Plaintiff, who crossed the crosswalk without signal lights from the right side of the Defendant vehicle on the left side of the front side of the said vehicle, was in front of the front side of the said vehicle and the glass part of the said vehicle (hereinafter “instant accident”). The Plaintiff suffered an injury, such as an injury, such as an injury, such as a mapo-gu, Mapo-gu, Mapo-ro, Mapo-ro, Mapo-ro, Mapo-ro, Mapo-si.
3) The defendant is a mutual aid business entity that has entered into a mutual aid agreement for the defendant's vehicle (based on recognition). The defendant is a mutual aid business entity that has entered into a mutual aid agreement for the defendant's vehicle (based on recognition), without dispute, entry in Gap's 1, 2, 3, 7, 8, 9
B. According to the above facts, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator of defendant vehicle.
C. Meanwhile, according to the above evidence, the plaintiff, as a pedestrian, has a duty of care to prevent the accident by taking the movement of the vehicle on right and right and right and right in crossing the crosswalk where traffic is not controlled by signal, etc. at night. However, the plaintiff, as a pedestrian, was negligent in neglecting the duty of care to prevent the accident, and the plaintiff's fault contributed to the occurrence of the damage. In light of this, the defendant's responsibility is limited to 90%.
2. In principle, it shall be calculated on a monthly basis within the scope of liability for damages, but the amount of 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 Hofman Identification Calculation Act that deducts interim interest at the rate of 5/12 per month.
The Parties’ arguments.