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1. The Defendant’s KRW 35,082,503 as well as the Plaintiff’s annual rate of KRW 5% from October 22, 2013 to December 22, 2016.
Reasons
1. Basic facts
A. Around 12:40 on October 22, 2013, B driven a Cbea cruise (hereinafter “instant vehicle”) and shocked the Plaintiff’s bicycle riding along a bicycle on the crosswalk on which no signal, etc. was caused by negligence in breach of his/her duty to stop the front line while the vehicle was rounded along a three-lane direction from the side of the New-dong Military Center of Songpa-gu Seoul Metropolitan Government.
(hereinafter “instant traffic accident”). B.
The Plaintiff, due to the instant traffic accident, suffered injury, such as duplicating, closing, and chuplicing of cuplicated cuplicateds, cuplicating, closing, and chuping of cuplicated cuplics, closed, and buple of 2 balance of the left-hand cuplics.
C. The Defendant is an insurer who has concluded an automobile insurance contract concerning the instant vehicle.
[Grounds for Recognition: Facts without dispute, Gap evidence 3, Gap evidence 4-1 to 3, Gap evidence 7-1 to 4, the purport of the whole pleadings]
2. Existence of liability for damages
A. According to the above facts of recognition, the defendant is liable to compensate for the damages suffered by the plaintiff due to the instant traffic accident as the insurer of the instant vehicle.
B. However, even if the Plaintiff, when the bicycle rider crosses the road by using the crosswalk, he was negligent in violating this provision while getting off the bicycle and walking the bicycle (see Article 13-2 of the Road Traffic Act), and the father’s care as such contributed to the expansion of the damages of this case. Therefore, the Defendant’s responsibility is limited to 80%, taking this into account.
3. In addition to the matters stated below the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be the same, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.
The amount of damages shall be calculated at the rate of 5/12 per month.