손해배상(자)
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount which orders payment below.
1. Occurrence of and limitation on liability for damages;
A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2-1, 2-2, and Eul evidence Nos. 2-1 and 2.
(1) At around 12:15 on March 27, 2009, B, driving D freight cars owned C, with three-lanes of the south-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter the Plaintiff’s E-car, which was earlier, was found late to stop due to a vehicle that intrudes the central line from the front bank-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
(2) The Plaintiff suffered injury, such as cerebral cerebral typhosis, etc., due to the instant accident.
(3) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with C with respect to the said automobiles.
B. According to the above facts of recognition, the defendant is the insurer of C, who is the operator under Article 3 of the Guarantee of Automobile Accident Compensation Act, and is liable for the damages suffered by the plaintiff due to the accident of this case pursuant to Article 724 (2) of the Commercial Act.
As to this, the defendant argued that the defendant's liability should be limited to the ratio of negligence because he was negligent in not wearing the safety belt even at the time of the accident. However, there is no evidence to acknowledge that the plaintiff did not wear the safety belt at the time of the accident. Thus, the defendant's argument is without merit.
2. A period for calculating the scope of liability for damages shall, in principle, be calculated on a monthly basis, but less than a month shall be included in the side on which the appraised value is less than a month, and less than a won and less than a last month shall be discarded, and the present price shall be calculated at the time of the incident of the amount of damages by a simple method which deducts intermediary interest at the rate of 5/12 per month.