손해배상(자)
1. On the basis of the appeal by the Plaintiff and the Defendants, the judgment of the first instance is modified as follows.
The defendants are the defendants.
1. The occurrence of liability for damages (based on recognition), the absence of any dispute, the entries in Gap evidence 1 through 8, Eul evidence 1 through 4, and the purport of the whole pleadings;
A. Fact-finding 1) Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”).
Defendant B and C (hereinafter referred to as “instant vehicle”)
(2) On November 20, 2012, Defendant B, while driving the instant vehicle and driving a back-road without the vehicle classification in the upper half-dong 90-48 of the Seoul Jung-gu, Jung-gu, Seoul, on the right side of the water at the right side, was taken by the Plaintiff, who, due to negligence in breach of the duty of Jeon-gu, crosses the crosswalk without electric signalling, etc. to the right side of the said vehicle, was sent to the left side of the said vehicle.
(3) The Plaintiff paid KRW 7,780,710,710 in total to the hospital treated by the Plaintiff from December 31, 2012 to December 8, 2017, while going beyond the road due to this accident (hereinafter “instant accident”).
B. According to the above fact of recognition of liability, Defendant Samsung Fire, the insurer, is jointly and severally liable to compensate for all damages incurred by the Plaintiff due to the instant accident.
C. Meanwhile, according to the above evidence, the plaintiff, as a pedestrian, has a duty of care to prevent the accident by taking the movement of the left-hand and right-hand driving vehicle into account well at night when crossing the crosswalk where traffic is not controlled by signal, etc., but was negligent in neglecting this duty, and thereby, the plaintiff's fault contributed to the occurrence of damages. In light of this, the defendant's responsibility is limited to 90%.
2. The attached amount of damages, except as otherwise stated below within the scope of liability for damages.