손해배상(자)
1. Of the part concerning the principal lawsuit of the first instance judgment, the following amounts are equivalent to the amount ordering additional payment.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On August 13, 2010, E driven a Fribero truck (hereinafter “instant vehicle”) around 10:40, while driving the white bridge distance from the front city to the unification square at the distance of the stadium, E her bicycle riding riding along a bicycle on the front side of the direction of the proceeding in violation of the signal and sustained an injury on the Plaintiff’s bicycle riding along a bicycle in the front part of the right side of the instant vehicle, she shocked the central line, while driving on the white bridge in the direction of the direction of the proceeding to the unification square.
(hereinafter “instant accident”). (b)
The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to the instant vehicle for the period including the date of the instant accident, and the Plaintiff’s wife, C, and D are children of Plaintiff A.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 8, Eul evidence 1, the purport of the whole pleadings
2. Determination on the main claim
A. According to the facts of recognition of liability and limitation 1) the Defendant, as the insurer of the instant vehicle, is liable to compensate the Plaintiffs for damages caused by the instant accident. 2) Meanwhile, the Plaintiff’s liability to compensate for damages is limited, while the Plaintiff, at the time of the instant accident, crossings a bicycle on the crosswalk, may be recognized by comprehensively taking into account the dispute between the parties, or the entire purport of the pleadings on the entries in the evidence Nos. 3 and 8. As such, the Plaintiff, as the Plaintiff, was also responsible for governance on a bicycle and crosswalk. Such errors led to the occurrence or expansion of damages caused by the instant accident.
Therefore, in calculating the amount of damages to be paid by the Defendant, it shall be taken into account, but the rate of negligence of Plaintiff A is 10% considering all the circumstances revealed in the argument in this case, such as the fact that the driver of the vehicle in this case who violated the signal and infringed the central line seems to have been very serious.