손해배상(자)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Basic facts
A. On July 25, 2015, at around 00:08, C driven a D. D. P. P. P. A. D. car (hereinafter “Defendant vehicle”) and proceeding three-lanes on the front side of the mid-gu Busan Metropolitan City, the front side of the road located in the repair middle-gu, which is located in the repair middle-gu, toward the black intersection. However, the Plaintiff did not find any ria that was pushed by the front side of the Defendant vehicle in the same direction as the front side of the Defendant vehicle, and the front side of the instant ria and the Plaintiff’s left side side were h.m. at the same time.
(hereinafter “instant accident”). (b)
The Plaintiff suffered injury that needs to be treated for about six weeks due to the instant accident, such as cutting down the part of the fingers in the left-hand knife with the knife, cutting off the bones of the knife.
C. The defendant is an insurer who has entered into an automobile insurance contract for the defendant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Occurrence of liability for damages and limitation on the liability; and
A. According to the above facts, it is reasonable to deem that the accident of this case occurred due to the negligence of the defendant vehicle. Thus, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as the insurer of the defendant vehicle.
B. However, the plaintiff is also negligent in operating ricar on the road along which the vehicle flows at night, and without installing safety devices that can be identified in rina, and such negligence of the plaintiff was caused by the occurrence and expansion of the accident of this case, it is necessary to take this into account in determining the amount of damages to be compensated by the defendant, but the ratio of the plaintiff's negligence to 20% and the defendant's liability is limited to 80%.
3. Scope of liability for damages
A. The plaintiff's primary argument is based on attached Table 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (hereinafter "Act").