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1. The Defendant’s KRW 33,822,607 as well as the Plaintiff’s annual rate of 5% from November 11, 2011 to January 29, 2016, and the following.
Reasons
1. Occurrence of liability for damages;
A. (i) On November 17, 2011, B driven the C-Motor vehicle (hereinafter “A-related vehicle”) around 17:30, and obstructed the central line in order to overtake a military police patrol vehicle (military truck; hereinafter “victim-related vehicle”) that was going ahead of the front three-distance radius of the military unit located at the implied air located in the Cheongju-si internal waters of the Cheongju-si, the military police station patrol vehicle (hereinafter “A-related vehicle”), and the vehicles damaged by the Madles turn to the left on the left.
b. As a result, the front part of the damaged vehicle has shocked the front part of the damaged vehicle.
(hereinafter referred to as “instant accident”). The Plaintiff, on the part of the loading box of a damaged vehicle due to the instant accident, was injured by the number of 4 and 5 of the crypical base and the crypical emergency escape certificate, and discharged from military service on August 3, 2012.
x) The defendant is the insurer who has entered into the comprehensive automobile insurance contract with respect to the available vehicle.
[Grounds for Recognition: Facts without dispute, Gap evidence 1-5, Eul evidence 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings]
B. According to the above facts of recognition, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as an insurer who entered into a comprehensive automobile insurance contract with respect to the household automobile.
C. The limitation of liability: (a) comprehensively taking account of the circumstances surrounding the accident as seen earlier, the Plaintiff may recognize the fact that the accident occurred on the part on which the damaged vehicle was loaded; and (b) such circumstance appears to have influenced the occurrence and expansion of the damage caused by the accident in this case; (c) thus, the Defendant’s responsibility is limited to 90% in consideration of such negligence by the Plaintiff.
(10%) 2. The plaintiff's fault ratio is calculated in accordance with the Hofmanial Calculation Act, which deducts intermediary interest at a rate of 5/12 per month and which deducts intermediary interest at a rate of 5/12 per month, except as otherwise stated below.