손해배상(자)
1. The Defendant: (a) KRW 221,960,740 for the Plaintiff and KRW 5% per annum from March 29, 2013 to January 31, 2019; and (b).
1. Occurrence of liability for damages;
A. Fact 1) C is a dump truck around 9:25 on March 29, 2013 (hereinafter “Defendant vehicle”). D 25.5 tons of a dump truck (hereinafter “Defendant vehicle”).
(B) While driving the Plaintiff and driving the Plaintiff’s bicycle driving the Plaintiff’s bicycle driving in the same direction as that of the Defendant’s front wheeler of the Defendant’s vehicle, the Plaintiff’s left side of the Plaintiff’s left side, who was going beyond the Plaintiff, was driven by the front wheeler of the Defendant’s vehicle (hereinafter “instant accident”).
2) According to the instant accident, the Plaintiff suffered injury, such as the opening frame of the Bridge, which was not left-hand.
3) With respect to the instant accident from March 29, 2013 to December 31, 2015, the Plaintiff received temporary disability compensation benefits of KRW 98,605,060 from Korea Workers’ Compensation and Welfare Service, with the period of medical care from March 29, 2013 to December 31, 2015 (the Plaintiff’s disability class 3 and average wage applied to the Plaintiff was KRW 154,715.74
4) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.
[Ground of recognition] The fact that there is no dispute, entry of Gap's No. 1, 2, 7, 8, 9, 10, 11, and Eul's No. 1 (including each number; hereinafter the same shall apply), the results of fact inquiry to the director of the Incheon Provincial Police Agency, the director of the Incheon Provincial Police Agency, the director of the Korea Workers' Compensation and Welfare Office
B. According to the above facts, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle.
(c) Limit of liability, however, the Plaintiff also has the duty of safety care by way of operating a bicycle on the rear side of the Defendant vehicle, which is a large dump truck, after checking the left and right of the front, maintaining a sufficient safety distance at the rear side of the Defendant vehicle, and operating after the passage of the Defendant vehicle.