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1. The Defendant’s KRW 36,070,492 as well as the Plaintiff’s annual rate of 5% from September 19, 2010 to October 14, 2015, and the following.
Reasons
1. Occurrence of liability for damages;
A. 1) B is a vehicle C around 06:00 on September 19, 2010 (hereinafter “Defendant vehicle”).
(2) On the other hand, while driving a motor vehicle and driving a three-lane of 507-31 South East East-do, Seoul Special Metropolitan City, along the 5-lane of the 507-31 South East East-do, from the fluence side of the fluence side of the motor vehicle, the part of the Plaintiff’s bicycle left side of the motor vehicle, which loaded a bicycle on a pedestrian signal, was shocked into the part of the motor vehicle left side side of the motor vehicle, causing injury to the Plaintiff, such as NOS, etc. (hereinafter “the instant accident”).
(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 3 (if there are virtual numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
B. According to the above facts, the defendant is liable for damages suffered by the plaintiff due to the accident of this case.
C. However, the limitation of liability is limited to the case where the plaintiff also crosses the crosswalk and crosses the crosswalk without wearing safety gear despite being driven by the bicycle, and such negligence was caused by the occurrence of the accident in this case and the expansion of damages, and thus, the defendant's liability is limited to 80% in consideration of the ratio as 20%.
2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, 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 calculation of the current price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.
And the parties' arguments.