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1. The Defendant’s KRW 23,786,758 as well as the Plaintiff’s KRW 5% per annum from November 15, 2013 to February 4, 2016.
Reasons
1. Occurrence of liability for damages;
A. (1) The Defendant concluded the comprehensive automobile insurance contract with the Oral Transport Co., Ltd. (hereinafter “Defendant”)
(2) On November 15, 2013, 00:19, C, while driving the Defendant’s vehicle and driving along two-lanes of the four-lane road from the gold village to the mountain, C, due to the negligence of passing through the intersection as it is, by disregarding that the traffic signal on the front side of the road is changed to the yellow stop signal, followed the Plaintiff, who was crossing to the right side on the left side on the basis of the moving direction of the Defendant’s vehicle in the crosswalk immediately after passing through the intersection or in the vicinity thereof.
(3) Due to the instant accident, the Plaintiff suffered bodily injury, such as flaging fladders not upper to the right, and flaging fladrosis, etc., due to the instant accident.
[Ground of recognition] Unsatisfy, Gap evidence 2 through 6, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of whole pleadings
B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as an insurer.
C. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 6, Nos. 1, 4, 6, and 7, it is reasonable for the Plaintiff to limit the Defendant’s liability to 40%, taking into account the above facts, in and around the eight-lane road abutting on the intersection at the time of the instant accident, to the crosswalk or its vicinity while pedestrian signal is red.
(A) The defendant asserts that the plaintiff's negligence should be recognized up to 70% because the plaintiff was in a state of full exploitation, but there is no evidence to prove that the plaintiff was in a state of full exploitation). 2. The same applies to each of the corresponding items in the separate damages calculation table, in addition to what is stated separately below the scope of liability for damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but the last