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1. The Defendant’s KRW 66,184,208 as well as the Plaintiff’s KRW 5% per annum from December 15, 2015 to August 25, 2020.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition (1) around 17:34 on December 15, 2015, C driven a D car (hereinafter “Defendant vehicle”) and came to the front speed from the e-mail to the front speed in the Jeju-dong from the Jeju-dong, Busan-dong, and came to a stop line when the vehicle’s progress signal is yellow, and the Plaintiff’s e-mail, which was left left to the left to the left to the left to the left to the left of the left at the port of the above intersection, was shocked by the Plaintiff’s e-mail, which was turned to the left to the left (hereinafter “the instant accident”). Due to the said accident, the Plaintiff suffered injury, such as the Plaintiff’s e-mail, the e-mail, and the e-mail that had no two open address.
(2) The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3-1, 6-1, and 6-5, the purport of the whole pleadings
B. According to the occurrence of liability and the recognition of the foregoing limitation, the instant accident occurred due to the negligence of C driving the vehicle in violation of the signal by passing through the stop line after passing through the intersection, even though the ongoing signal has been changed to yellow.
Therefore, the defendant, who is the insurer of the defendant's vehicle, is liable to compensate for the plaintiff's damage caused by the above accident.
However, it is reasonable to limit the defendant's liability to 90% in light of the circumstances of the accident, such as the fact that the plaintiff should have been driven by examining the flow of the vehicle at the time of the change of signal.
2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;
At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.
It shall be rejected that the parties' arguments are not separately explained.
[Reasons for Recognition] A. A. Articles 4-1 through 4-5, and Eul’s evidence 2 and 4, respectively, F.I.D. Hospital (Expert branch, March 3, 2020) and H.D.