1. On August 10, 2015, around 21:00 on August 21, 2015, the Plaintiff (Counterclaim Defendant) was assigned to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. On August 10, 2015, around 21:00, the fact of recognition that the taxi driven by Nonparty B (vehicle number C; hereinafter referred to as “instant taxi”) on the first line in the vicinity of the front line in Songpa-gu Seoul High School, Songpa-gu, Seoul, was shocking the Plaintiff (hereinafter referred to as “instant accident”). The fact that the Plaintiff entered into a motor vehicle mutual aid agreement with respect to the instant taxi does not conflict between the parties, or that the Plaintiff is recognized by comprehensively taking account of the overall purport of the pleadings in video as stated in subparagraphs 1 and 2, and the video as stated in subparagraph 10.

B. According to the above facts of recognition of liability and the evidence as seen above, as B, there were errors by neglecting the duty of care to prevent the occurrence of an accident by emphasizing the pre-accident, and such errors were caused by the instant accident and the occurrence and expansion of the damages therefrom.

Therefore, the Plaintiff, a mutual aid business entity of the instant taxi, is obligated to compensate the Defendant for damages incurred by the instant accident.

C. However, according to the aforementioned evidence, it is reasonable to limit the Plaintiff’s liability to 40% in consideration of the circumstances surrounding the instant accident and the various circumstances revealed in the argument in the instant case, where the Defendant had a crosswalk near the direction of running the instant taxi at the point of accident, but did not look at the existence of the vehicle in advance. If the Defendant had examined the existence of the vehicle before crossing without permission, he could have discovered the instant taxi and could have avoided the instant accident.

2. Scope of liability for damages

A. The loss of lost income equivalent to the monetary appraised value of the lost capacity of the Defendant due to the instant accident is recognized as follows.