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1.The judgment of the first instance shall be modified as follows:
The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 26,841,984.
Reasons
1. The reasons why a member of a party states this part of the basic facts are as stated in the relevant column of the reasoning of the judgment of the court of first instance, and thus, it is determined to accept it as it is in accordance with the main sentence of Article
2. Determination on the cause of the counterclaim
A. The reasons why a party member should explain this part of the liability for damages are as stated in the corresponding column of the reasoning of the judgment of the court of first instance, and thus, it is determined to accept it as it is in accordance with the main sentence of Article 4
B. The reasons why a member of the scope of liability for damages is required to explain this part are as stated in the corresponding column of the reasons for the judgment of the court of first instance, except for the change of the portion of "five or less deductions" in No. 7 of the judgment of the court of first instance as follows. Thus, it shall be accepted as it is by the main sentence of
On the other hand, the plaintiff paid 13,074,00 won to the defendant's medical expenses incurred from the accident in this case. The 1,341,960 won that was paid after the end of the period in the Han Market Sea should be fully deducted. The remaining 11,732,040 won that was paid within the period in the Han Market Sea should be offset by the amount equivalent to 20% of the defendant's ratio of negligence for non-use of the safety labelling set. Thus, according to the evidence No. 5, the plaintiff paid 13,074,00 won to the defendant's medical expenses, and 1,341,960 won among them was paid after the end of the period in the Han Market Sea of Korea, it cannot be recognized that the defendant used the safety labelling set above.
Thus, 1,341,960 won paid by the plaintiff as medical expenses after the expiration of the period of the defendant's market damage should be deducted from the defendant's damages.
C. Accordingly, as to the Defendant’s damages arising from the instant accident, KRW 26,841,984 as indicated below, and KRW 15,109,94, which is the winning amount in the first instance judgment, as indicated below, the Plaintiff’s obligation to perform is determined from June 12, 2008, which is the date of the instant accident.