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1. The Defendant’s KRW 96,361,456 for the Plaintiff and KRW 5% per annum from December 6, 2015 to August 19, 2020.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition are as follows: at around 01:36 December 6, 2015, Nonparty C: (a) driven a D car (hereinafter “Defendant vehicle”) at the bend section of the road bended by the Jung-gu Seoul, Jung-gu, Seoul, in a mountain 14-21 Namsan 21 Nam-ro tunnel; (b) the left-hand part of the vehicle being driven beyond the center line at the front section of the vehicle in front; (c) the two main collisions between the front part of the vehicle in front and the two main parts of the vehicle in front (hereinafter “instant accident”); (d) the Plaintiff boarded the back seat of the Defendant vehicle at the front seat of the vehicle in front at the time of the instant accident; and (d) the Plaintiff was injured by the mouth, face, etc. of the mouth, face, etc.; and (e) the fact that the insurer of the Defendant, who entered into a comprehensive insurance contract with respect to the Defendant vehicle, does not conflict between the parties, or is recognized by the Defendant based on evidence Nos. 1, No. 2, No. 3-1, and No. 3 evidence No.
B. According to the facts of recognition of the above liability, the plaintiff was injured by the operation of the defendant's vehicle, and the defendant, who is the insurer, is liable to compensate the plaintiff for the damages caused by the accident in this case, barring any special circumstances.
C. The limitation of liability: Provided, however, it is reasonable to limit the defendant's liability to 70% in consideration of the fact that the plaintiff, even though he was aware that he was a drinking state prior to the accident in this case, was her drinking, he was negligent in boarding the defendant's vehicle for returning home with the knowledge that he was a drinking state.
(The Defendant’s assertion that the Plaintiff did not wear a safety bell is not accepted as evidence to acknowledge it. 2. The scope of the Plaintiff’s damages liability is as follows.
In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 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.
b) the Commission;