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1. The Defendant’s KRW 163,901,384 as well as 5% per annum from March 9, 2017 to July 8, 2020 to the Plaintiff.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition are acknowledged by taking into account the following facts: (a) while Nonparty C driving a F Car (hereinafter “Defendant Vehicle”) in the vicinity of D or E on March 9, 2017, Nonparty C, beyond the central line, was shocking the front part of the G dump truck driven in the opposite line (hereinafter “instant accident”); (b) the Plaintiff was boarding the front part of the Defendant’s vehicle at the time of the instant accident; (c) the Plaintiff was injured by the injury, such as the dump frame, etc. due to the instant accident; and (d) the fact that the Defendant was the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant Vehicle is either disputed between the parties or is recognized by taking into account the overall purport of pleadings as a whole: evidence No. 3-1,2, evidence No. 8, evidence No.15-2 or 6.
B. According to the facts of recognition of the above liability, the plaintiff was injured by the operation of the defendant's vehicle, and the defendant, who is the insurer, is liable to compensate the plaintiff for the damages caused by the accident in this case, barring any special circumstances.
C. Whether to limit liability or not, the Defendant asserts that the Defendant’s liability for damages should be limited in accordance with the principle of good faith and equity, as the Plaintiff took advantage of the Defendant’s vehicle.
In cases where a driver of a vehicle in his/her possession permits the transfer of a vehicle for the convenience and interest of the passengers without receiving any consideration, and the passenger receives such provision for his/her convenience and interest, if it is deemed unreasonable in light of various circumstances, such as the purpose of operation, the personal relationship between the passenger and the operator, the circumstances leading to his/her transfer of the vehicle, and the purpose and active nature of the request for the transfer of the vehicle, the amount of compensation may be reduced if it is deemed unreasonable in light of the principle of good faith and equity. However, even if the vehicle in his/her accident simply moved on the vehicle in his/her possession, the amount of compensation can not be considered as grounds for mitigation of the amount