1. Of the judgment of the first instance court, KRW 49,142,370 against the defendant and 5% per annum from September 6, 2016 to February 9, 2017.

1. Occurrence of liability for damages;

가. 인정사실 (1) B이 2013. 3. 3. 10:00경 C 차량(이하 ‘피고 차량’이라고 한다)을 운전하여 충주시 D 농로에서 공터로 진입하던 중 바닥에 있던 나무토막을 좌측 앞바퀴로 밟아 튕겨져 나가게 하여 마침 부근에 서 있던 원고의 우측 무릎을 충격하게 하였다

(hereinafter “instant accident”). The instant accident suffered injury, such as the Plaintiff’s injury to the right-hand slotle, the lower-hand slotle.

(2) The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 2, 3 (including branch numbers, hereinafter the same), the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. However, according to the above evidence, the accident in this case occurred while inducing the driver of the defendant's vehicle by giving a water signal, and on the floor, the plaintiff was also obliged to exercise the duty of care to prevent the accident by giving a safe place. However, since the plaintiff's negligence caused the accident in this case by failing to perform such duty of care, the defendant's liability is limited to 90% by comprehensively taking into account all the circumstances revealed in the arguments in this case, such as the plaintiff's negligence and other circumstances of the accident in this case, the injury and the degree and treatment of the injury, and the progress of treatment.

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 shall be calculated at the rate of 5/12 per month.