1. With respect to an accident indicated in the separate sheet, the obligation of the Plaintiff (Counterclaim Defendant) to pay insurance proceeds to the Defendant (Counterclaim Plaintiff).

1. Occurrence of liability for damages;

A. The fact that Defendant A suffered an injury due to an accident indicating the establishment of liability for damages (hereinafter “instant accident”) does not conflict between the parties.

In addition, a third party may claim direct compensation within the limit of the insured amount for damages caused by an accident attributable to the insured.

(Article 724(2) of the Commercial Act. Therefore, the Plaintiff, an insurance company, is obligated to pay the Defendant A with compulsory insurance proceeds for the damage incurred by the instant accident, and the remainder after deducting compulsory insurance proceeds from the total amount of damage to the Defendant trustee.

B. The Plaintiff asserts that the Plaintiff’s liability should be limited to 90% since Defendant A’s negligence is 10%, considering that the instant accident occurred due to the drinking driving of the Plaintiff at the crosswalk without signal, etc. at night.

When a pedestrian passes a crosswalk, the driver of any motor vehicle shall temporarily stop in front of the crosswalk in order not to obstruct or endanger the crossing of the pedestrian.

(Article 27 (1) of the Road Traffic Act). Pedestrians shall not immediately pass ahead or behind all vehicles, but they shall not cross a crosswalk.

(Article 10(4) of the Road Traffic Act. In light of the above provisions of the Road Traffic Act, as long as Defendant A was crossing the road on a crosswalk, it cannot be said that Defendant A was negligent in the occurrence of the instant accident.

Therefore, the plaintiff's assertion is not accepted.

2. The scope of liability for damages;

A. Actual income: Personal information of KRW 40,214,015 (1): The same shall apply to the entry in the column for “basic matters” in the attached Form of damages calculation sheet.

(2) Income: Income equivalent to the daily wage of urban ordinary workers. The Defendants calculated on the 22th day of monthly average working days by Defendant A’s certificate of qualification as the 2nd class technician at the time of the instant accident.