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1. The Defendant’s KRW 56,016,650 as well as the Plaintiff’s annual rate from October 28, 2012 to November 13, 2015.
Reasons
1. Occurrence of liability for damages;
A. In fact 1) B, around 00:15, October 28, 2012, 2012, C-si (hereinafter “Defendant vehicle”).
2) The Plaintiff, while driving on the road in front of the Seoul Special Metropolitan City, Nowon-gu, Nowon-gu Seoul Special Metropolitan City, was shocking the Plaintiff, who dried the crosswalk, while driving on the street from the department store street to the Nowon-gu Empic meeting (hereinafter “instant accident”).
(2) Accordingly, the Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 15 through 17, Eul evidence 8, the purport of whole pleadings]
B. According to the facts of recognition of liability, the driver of the Defendant’s vehicle neglected his duty of care to prevent the accident and caused the accident in this case. Thus, the Defendant is liable to compensate the Plaintiff for damages caused by the accident.
C. Limit of liability, however, the Plaintiff is negligent in governance in violation of pedestrian signal at night, and such negligence is deemed to have caused the occurrence of the instant accident and the expansion of damage. Therefore, the Defendant’s liability is limited to 45% in consideration of this.
2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation 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 price calculation at the time of the accident shall be based on the discount method that deducts interim interest calculated at the rate of 5/12 per month.
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 damages calculation sheet: income and operating period: 2,341,234 won per month (the average amount of business income in 2011), 3 follow-up disability until he/she reaches 60 years of age, and