손해배상(자)
1. The damage liability of the Plaintiff (Counterclaim Defendant) against the Defendant due to a traffic accident stated in the attached list is assessed against the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. At around 15:30 on December 16, 2012, B, while driving a new line vehicle in the D parking lot located in the Busan Dong-gu, Busan Metropolitan City (hereinafter “Plaintiff vehicle”), the part of the Defendant’s bridge coming from the right side of the Plaintiff vehicle to the left side was shocked by the front part of the Plaintiff vehicle. Accordingly, the Defendant exceeded the ground floor, leading up to the decline side of the drain line.
(hereinafter “instant accident”). (b)
The plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with B on the plaintiff vehicle.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings
2. According to the facts of recognition as above, the Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the Plaintiff’s vehicle, and is liable to compensate the Defendant for the damages caused by the instant accident.
However, the defendant, as a pedestrian, has been negligent in neglecting his/her duty to take due care of the existence or movement of the vehicle, so that he/she does not have an accident by himself/herself, and the defendant's negligence caused the occurrence of the accident in this case and the expansion of damage.
Therefore, in consideration of all circumstances, the plaintiff's liability is limited to 90%.
3. Scope of liability for damages
A. According to the statement in Eul's evidence Nos. 4, 5, 10, 11 through 13 (including a serial number), the defendant can recognize the fact that the defendant paid the sum of KRW 113,80 in total of KRW 13,50 in the medical expenses or medicine expenses incurred from the accident in the instant case, KRW 13,50 in the G, KRW 13,500 in the G, KRW 179,650 in the G, and KRW 147,740 in the G, Busan, Busan, University Hospital (Literology), and KRW 347,740 in the G, Busan, University Medical Center (Literology) in total, KRW 13,80 in the above sum (including a 113,800, KRW 1300, KRW 500, KRW 1650, KRW 147,09, KRW 37,4097.