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1. The Defendant: (a) KRW 133,145,400 for the Plaintiff and KRW 5% per annum from November 17, 2015 to June 7, 2016.
Reasons
1. Facts of premise;
A. On October 23, 2015, at around 04:45, the Defendant driven a B car (hereinafter referred to as “b car”) and driven a one-lane in front of the Racheon-gun Dong-dong Village, Gangwon-do, Dong-dong, Gangwon-do, to the Gun/Dong-dong, the Defendant: (a) followed the part behind the C driver’s motorcycle that is going ahead of the said direction from the front side of the said vehicle to the Gun/Dong-dong; (b) led C to the death of the cerebr-do.
(hereinafter “instant accident”). B.
The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter referred to as the “instant insurance contract”) including a special agreement on security for automobile injury (100 million won per person per death), and a special agreement on security for injury (200 million won per person per death) by non-insurance vehicles (hereinafter referred to as the “instant insurance contract”) with the name of the husband of C as the insured, and the automobile insurance was not covered with respect
C. On November 16, 2015, the Plaintiff calculated that the amount of loss of insurance proceeds from the instant accident was KRW 85,153,924, consolation money, KRW 45,000,00 for funeral expenses, and KRW 3,000 for funeral expenses, and paid KRW 100,000 to C’s bereaved family members as compensation for government-guaranteed projects under Article 30 of the Guarantee of Automobile Accident Compensation Act on November 16, 2015, and KRW 33,145,400 for insurance proceeds under a special contract for injury security by an non-insurance motor vehicle on November 13, 2015.
[Grounds for Recognition] Confession
2. The defendant's liability for damages
A. According to the premise facts, the Defendant is liable to compensate C for the damages caused by the instant accident under Article 3 of the Guarantee of Automobile Accident Compensation Act.
B. The amount of damages is KRW 75,885,023 as shown in the separate sheet of calculation of damages, funeral expenses of KRW 5,000,000, consolation money of KRW 100,000,00, as stated in each corresponding item of the separate sheet of calculation of damages.
In principle, the daily income shall be calculated on a monthly basis, but 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 per month to deduct the interim interest.