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1. The Defendant’s KRW 22,891,79 with respect to the Plaintiff and KRW 5% per annum from April 20, 2016 to July 6, 2018, and the next day.
Reasons
1. Basic facts
A. On April 20, 2016, the Plaintiff suffered injury, such as the escape of the right shoulder section, due to the accident that was shocked on the bicycle of B, which was coming from the rear part of the bicycle section while walking at the right edge of the bicycle section, as the river 14-gil in Ulsan-gu, Ulsan-gu, Ulsan-gu, 19:20, the front side of the front side of the bicycle exclusive use section (hereinafter “instant accident”).
B. The Defendant is an insurance company that concluded a contract for a daily life compensation liability insurance with the content of compensating for damages where B is liable for damages due to an accident that occurred during daily life as the insured.
[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 2, Eul evidence 1 (including branch numbers in the case of supplemental evidence) and the purport of the whole pleadings
2. According to the occurrence of liability for damages and the recognition of such limitation, B is obligated to compensate the Plaintiff for the damages caused by the instant accident, as the instant accident occurred due to negligence in violation of such liability, although B, who operates a bicycle, confirms that there is an obstacle on the front side, and takes measures to prevent the accident. The Defendant is obligated to pay the Plaintiff the damages to be paid by B as insurance money, as stipulated in the insurance contract.
However, at the time of the accident of this case, the defendant's liability is limited to 70% in consideration of the fact that the plaintiff passed the bicycle-only road.
3. In principle, the period of calculating the scope of compensation for damage shall be calculated on a monthly basis, but any period of less than the last month and less than KRW 10 shall be discarded;
The current value at the time of the accident of the amount of damages shall be calculated by deducting the interim interest at the rate of 5/12 percent per month.
In addition, it is rejected that the parties' arguments are not stated separately.
Property damage 1) Actual Income: 14,182,35 won (A): C resident, male, and maximum working age of 65 years: The Plaintiff’s age at the time of the instant accident.