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1. The Defendant’s KRW 119,868,261 as well as the Plaintiff’s KRW 5% per annum from March 27, 2013 to April 27, 2017.
Reasons
1. Occurrence of liability for damages;
A. Basic facts (1) B, while under the influence of alcohol on March 27, 2013 at approximately 0.114% of the blood alcohol concentration at around 23:20 on March 27, 2013, driving a C Orus Engine car (hereinafter “Defendant vehicle”) and driving one lane between three lanes in front of Songpa-gu Seoul, Songpa-gu, Seoul (hereinafter “Defendant vehicle”) along the tin village inquiry distance from the direction of the Newcheon Station.
The upper part of the front part of the Plaintiff’s E-Motor vehicle, which was driven in the opposite lane, was shocked by the front part of the Defendant’s vehicle.
(2) The Plaintiff suffered injuries, such as light signboard disability and Yancheon salt, etc., due to the instant accident.
(3) The defendant is an insurer who has concluded a comprehensive insurance contract with respect to the defendant vehicle.
[Ground of recognition] Facts without dispute, Gap 1-4 evidence, each entry of Gap 1-4 evidence, Gap 9-11 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings
B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.
C. The Defendant’s limitation of liability asserts that at the time of the instant accident, the Plaintiff should limit the Defendant’s liability because the Plaintiff did not wear a safety bell, but there is no evidence to deem that the Plaintiff did not wear a safety bell, and rather, according to the statement No. 9-5, the Defendant’s claim for limitation of liability is rejected. The Defendant’s claim for limitation of liability is rejected.
2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the liability 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 current value of damages at the time of the accident shall be 5/12 percent per month.