Text
1. The counterclaim Defendant: 56,765,480 won to the counterclaim and 5% per annum from October 2, 2007 to December 20, 2012.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition 1) B, around 20:42 on October 2, 2007, driven a car owned by the driver of the damaged vehicle (hereinafter referred to as the “victim”) and proceeded along the way in front of the “Egylwon” in Busan City, along with one lane in the direction of a bus terminal in the city of the death and injury, and did not see the vehicle stop signal and proceeded as it is. On the other hand, the Defendant was the insurer who entered into the automobile insurance contract with respect to the damaged vehicle (hereinafter referred to as the “accident”). The Defendant was the insurer who entered into the automobile insurance contract with respect to the damaged vehicle (hereinafter referred to as the “victim”).
[Ground of recognition] Facts without dispute, Gap 3, 6 evidence, Eul 3 and 8 (including paper numbers), the purport of the whole pleadings
B. According to the above facts of recognition, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident of this case as the insurer of the comprehensive automobile insurance contract for the melting vehicles.
C. According to each of the above evidence, the Plaintiff, as well as the Plaintiff, was involved in the instant accident while crossing the vehicular road.
Since the plaintiff's above mistake also caused the accident of this case, the defendant's liability is limited to 80% in consideration of this.
2. The portions not stated separately below the scope of the liability for damages shall be as shown in the annexed calculation sheet.
(Period shall be calculated on a monthly basis, and less than the original and the last month shall be discarded, and the present price shall be calculated by the simple interest rate which deducts the interim interest calculated at the rate of 5/12 per month. The parties' claims shall be dismissed).
Personal information 1): Occupation and income is as stated in the “basic matters” list of the amount of damages calculated in the annexed sheet. 2) Income: Income: Income of the Plaintiff, who operates a Chinese restaurant, at the average of KRW 5 million through KRW 8 million per month.