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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and that part shall be revoked.
Reasons
1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. According to the above facts, the defendant is liable for damages sustained by the plaintiff due to the accident of this case as the insurer of defendant vehicle.
However, the plaintiff was negligent at the time of the accident, and the driver's negligence and the plaintiff's negligence together with the above negligence, which led to the occurrence of the accident and the expansion of damages in this case. Therefore, the defendant's liability is limited to 90% in consideration of these circumstances.
3. 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.
The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.
In addition, it is rejected that the parties' arguments are not stated separately.
Personal information 1) Personal data: as stated in the “basic matters” list of the amount of damages calculated: 2) Income and operating period: The Plaintiff appears to have been able to obtain the urban daily wage of the ordinary worker until he/she reaches 60 years of age in the amount calculated by the 22th day of the operating day.
3) The latter disability: 4) The labor ability loss rate of 1.8% from May 16, 2012 to February 17, 2013: 80% (10% - 20% from the date of entrance into the Plaintiff from May 16, 2012 to November 8, 2012) the market sea for five years from the water surface (24% from the 24% applying the vocational coefficient 5 to Mabrid disability Assessment Table 5). (4) The labor ability loss rate of 1.8% from May 16, 2012 to the date of February 17, 2013: the Plaintiff’s hospitalization period of the Plaintiff from May 16, 201 to 20% from May 16, 2012 to November 16, 2012; and 4.7% from July 23, 2013 to July 4, 2017.