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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. The reasons for the judgment with respect to this part of the basic facts are the same as the corresponding part of the judgment of the first instance.
2. Occurrence of liability for damages;
A. According to the fact of recognition of liability, C neglected to turn to the left at the intersection of the non-protective distance and caused the instant accident by negligence of failing to turn to the left. Thus, the Defendant, who is the mutual aid business operator of the instant vehicle, is liable to compensate for the damages arising therefrom.
B. According to the purport of the argument as a result of the evidence No. 9-6 to No. 9, No. 1 and No. 2 of the No. 9, and the court of first instance’s examination, the deceased’s negligence of proceeding with a speed exceeding 80km/h limit even if the distance of the road is not long due to the malfunction of the road prior to the arrival of the accident at the point of accident, since the deceased’s negligence was caused by the occurrence of the accident of this case and the expansion of damage, this is to be considered in calculating the amount of damages to be compensated by the Defendant, thereby limiting the Defendant’s liability to 40% of the total damage.
3. Scope of liability for damages
A. On-the-job income: KRW 700,590,38 (the amount calculated at the present price at the time of the accident in this case according to the simple discount method which deducts intermediary interest at the rate of 5/12 percent per month based on the following facts and the evaluation: The personal information of KRW 700,590,38 (the monetary value equivalent to the total monetary value of the capacity lost by the accident in this case) is calculated based on the following facts and evaluation; and the personal information of KRW 1 is the amount calculated at the present price at the time of the accident in this case: The date of birth by male (at the time of the accident): the number of persons aged 34 years old: the plaintiff on January 23, 2006.