1. The Defendant (Counterclaim Plaintiff) paid KRW 3,608,016 to the Plaintiff (Counterclaim Defendant) and its related amount from May 16, 2012 to January 29, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

가. B는 2012. 5. 16. 00:05경 C 차량(이하 ‘피고 차량’이라고 한다)을 운전하여 서울 양천구 신월5동 소재 이면도로에서 일반도로로 진입하다가 위 도로를 주행하고 있던 원고 운전의 차량을 충격하여, 원고에게 제4∽5, 5∽6경추간 추간판탈출증 등의 상해를 입게 하였다

(hereinafter “instant accident”). B.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract against the defendant vehicle.

[Ground for Recognition: Unsatisfy Facts, Gap evidence 1, 5, 6 (if available, including branch numbers; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

2. Determination on the main claim

A. 1) According to the fact of recognition of liability, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident. 2) However, the Plaintiff was erroneous in failing to properly examine the traffic situation surrounding the vehicle at the time of driving, and such errors were caused by the occurrence of the instant accident and the expansion of damages. Therefore, the Defendant’s liability is limited to 90% in consideration of these circumstances.

B. In addition to the items separately described below the scope of liability for damages, each item of the attached Table of the calculation of damages shall be the same as the corresponding item, and the period of convenience in calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

일실수입 1) 인적사항 : 별지 손해배상액 계산표의 ‘기초사항’란 기재와 같다. 2) 소득 및 가동기간 : 도시일용노임, 가동일수 월 22일, 60세가 될 때까지 3 후유장해 : 제4∽5, 5∽6경추간 추간판탈출증으로...