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1. The Defendant’s KRW 40,920,40 for the Plaintiff and KRW 5% per annum from May 18, 2016 to August 19, 2020.
Reasons
1. Occurrence of liability for damages;
A. On May 18, 2016, the Plaintiff changed the lane by driving the E-to-land in front of the Ddong of the building C in Ischeon-si on the front side of the building C on May 18, 2016, the fact that the Non-Party’s driver’s car (hereinafter “the instant car”) in the E-to-face is shocking on the right side and the left side part of the instant car (hereinafter “the instant accident”), while changing the vehicle into the same lane, the Plaintiff suffered from the instant accident, kne kne, kne, kne, kne, kne, kne, etc., and the fact that the Defendant is the insurer who entered into the instant comprehensive automobile insurance contract with respect to the instant car does not dispute between the parties, or that the Defendant is recognized by comprehensively considering the overall purport of the pleadings as a whole.
B. According to the facts of recognition of the above liability, the plaintiff was injured due to the operation of the automobile of this case, and the defendant, who is the insurer, is liable to compensate for the damages suffered by the plaintiff due to the accident of this case, barring special circumstances.
C. The limitation of liability is limited, however, in light of the aforementioned evidence and the circumstances acknowledged by the purport of the entry in the evidence No. 6-4 and No. 13 as well as the entire pleadings, it is reasonable to limit the defendant's liability to 40% in consideration of the fact that the plaintiff could have anticipated the change of the lane of the passenger vehicle in this case, since the passenger vehicle in this case immediately before the accident in this case was parked on the left-hand side in a situation where it is difficult to continue driving the vehicle along the lane.
2. The Plaintiff’s damages within the scope of liability for damages are as follows:
In principle, the period of convenience in the calculation shall be calculated on a monthly basis, but the amount of less than KRW shall be discarded.
The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.
In addition, the parties' arguments are not stated separately.