1. The Defendant (Counterclaim Plaintiff) paid KRW 484,166 to the Plaintiff (Counterclaim Defendant) and its related amount from June 16, 2010 to September 17, 2015.

1. The fact-finding B, around 13:15 on June 16, 2010, driven a C vehicle and proceeded with a road near the Home Stacker located in Seongbuk-gu Seoul, Seongbuk-gu, and changed the lane, caused the Plaintiff’s failure to reach the left-hand side of the Plaintiff’s driver’s freight vehicle running on the next lane (hereinafter “instant accident”), and thereby, the Plaintiff suffered injury to the Hack, etc.

The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the foregoing motor vehicle driven by B.

[Evidence] Documents Nos. 2, 3, 4, Eul Nos. 1 and 2 and the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts acknowledged as above, the Defendant is liable for compensating the Plaintiff for the damages incurred by the Plaintiff due to the instant accident, inasmuch as B driving the said vehicle while causing the instant accident.

The Defendant asserted that the Defendant should limit the Defendant’s liability by taking account of the error that the Plaintiff did not fasten the safety belt at the time of the occurrence of the instant accident. However, there is no evidence to prove that the Plaintiff did not fasten the safety belt at the time of the instant accident. Therefore, the Defendant’s above assertion

B. Except as otherwise stated below within the scope of the liability for damages, the same shall apply to the attached list of damages calculation.

(A) Personal information on the daily income per cent of the rate of 5/12 per month shall be calculated in accordance with the headmanial calculation method, which deducts the interim interest at a simple interest rate, and the amount less than a month and less than a won for the convenience of calculation shall be discarded): The same shall apply to the entry in the column of the “basic matters” in the attached calculation sheet of damages.

B) Income: income equivalent to the daily average wage of the city: The rate of loss of labor ability due to the aggravation of the escape certificate of the 4-5 protruding signboards, 2.4%, 5% from the date of the instant accident, 5% from the market damage 5 years from the date of the instant accident.