손해배상(자)
1. The Defendant paid KRW 3,295,424 to the Plaintiff KRW 5% per annum from March 26, 2007 to June 12, 2015.
1. Facts of recognition;
A. At around 23:55 on March 26, 2007, B driven a car of SPia (hereinafter “accidented vehicle”), while driving a three-lane road in front of the site of the second construction in the new LPail-dong, Seocheon-gu, Seocheon-gu, Daegu, the Plaintiff, who was under the influence of alcohol, was on the one-lane of the crosswalk in the front of the accident vehicle due to the speed of about 60 km from the ebbbbbbbbbb of the Seongbuk-gu.
B. As a result, the Plaintiff suffered injury to the right upper pelpelel, the right upper pelvise, the closed pelvise of the right upper pelvise, the right upper pelvise of the bones, and the left left-hand pelvise of the bones.
C. The defendant is an insurer who has concluded a comprehensive automobile insurance contract for the accident vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 2-1 to 5, Eul evidence 3 and 4, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the above facts of recognition of liability, the accident of this case is deemed to have occurred due to the negligence of B, which neglected the duty to operate the vehicle, after checking whether there was a person who gets on the front side the way to reduce the speed of the vehicle when the crosswalk is installed on the front side, and the front side and the left side are well examined. Thus, the defendant is liable as the insurer of the vehicle involved in this accident for compensation for the damages suffered by the plaintiff
B. The limitation of liability, however, according to the evidence as seen earlier, the Plaintiff was under the influence of the Plaintiff at the time of the operation of the Plaintiff, and the time of the accident was considerably limited to the view of night. At the time of the accident, B was operating the accident vehicle according to the prescribed speed, and the road in this case is a road with frequent traffic of the three-lanes. In light of the circumstance of the accident as above, the driver of the accident is in light of the driver’s mode of driving the vehicle.