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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 100,929,677 as well as on November 2009.
Reasons
1. Occurrence of liability for damages;
(a) 1) B is the Defendant vehicle at around 22:20 on November 24, 2009 (hereinafter referred to as the “Defendant vehicle”);
2) In the case of the Defendant’s vehicle, the Plaintiff, while driving the Defendant’s vehicle and driving the Defendant’s road in front of the D apartment gate, was driving along one lane from the direction of the river to the direction of the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic eth.
2) The Defendant is the insurer who entered into an automobile insurance contract with respect to the Defendant’s vehicle.
[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each branch number for which a branch number has been attached), the purport of whole pleadings
B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.
C. The limitation of liability: Provided, however, in light of the fact that the Plaintiff’s above mistake contributed to the occurrence of the instant accident and the expansion of the damages, when crossing a crosswalk without signal apparatus at night, due to the fact that the instant accident occurred while crossing the crosswalk under the influence of alcohol at the time of the instant accident, even though it is necessary for the Plaintiff to cross the crosswalk without signal apparatus at night.
Therefore, in calculating the amount of damages to be paid by the Defendant, it shall be taken into account, but considering the circumstances revealed in the pleadings of the instant case, such as the background of the instant accident, the Plaintiff’s fault ratio shall be set at 10%, and thus, the Defendant’s liability shall be limited
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 amount of damages at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.