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1. The Defendant’s KRW 44,891,133 as well as the annual rate of KRW 5% from December 30, 2016 to November 25, 2020 as to the Plaintiff.
Reasons
1. Occurrence of liability for damages;
A. Around 05:20 on December 30, 2016, Nonparty C is driving a D cab (hereinafter “instant cab”) on the two-lanes of the 210-lanes at the entrance of the Seoul Military Manpower Administration, which was located in the 210-lanes of the 210-lanes.
A vehicle has been changed to a three-lane, and the plaintiff who is driving a two-wheeled vehicle in the three-lanes is urgently operated to avoid collision with the taxi in this case.
The facts of friendlyness (hereinafter referred to as the "accidents of this case"), which led to the plaintiff's injury, such as a crubing crub and a closed crub, etc., and the defendant's fact that the plaintiff entered into a mutual aid agreement with respect to the taxi of this case does not dispute between the parties, or that the plaintiff entered into a mutual aid agreement with respect to the taxi of this case is recognized by considering the whole purport of the pleadings as a whole in the written evidence No. 1, No. 2, A
B. According to the above facts of recognition of liability, the plaintiff was injured due to the operation of the taxi of this case, and the defendant, who is a mutual aid business operator, is liable to compensate the plaintiff for damages caused by the accident of this case, barring special circumstances.
C. The limitation of liability, however, is reasonable to limit the defendant's responsibility to 70% in consideration of the circumstances of the accident of this case and the various circumstances shown in the argument of this case, including the fact that the plaintiff, as the plaintiff, had failed to perform his duty to safely refrain or properly, with the view of the need to refrain from the accident of this case as well as to avoid the accident, if necessary.
2. The Plaintiff’s damages within the scope of liability for damages are as follows:
In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 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, it is rejected that the parties' arguments are not stated separately.
male age: 45 years of age at the time of the accident due to F. F.