손해배상(자)
1. The Defendant’s KRW 52,484,838 as well as the Plaintiff’s 5% per annum from January 21, 2012 to November 26, 2015.
1. Occurrence of liability for damages;
A. Recognizing the facts, B, around 11:55 on January 21, 2012, driven a C non-IM2 motor vehicle, which owns the social service of IMB waves, and proceeded along the three-lane road in front of Dongdaemun-gu Seoul Metropolitan Government D in the direction of the entire farming distance from the direction of service distance, and changed the course from the two-lane to the one-lane, and shocked the front part of the Plaintiff’s driving who proceeded with the one-lane into the left side of the said vehicle (hereinafter “instant accident”). Accordingly, the Plaintiff suffered injury, such as the upper part of the front part of the said vehicle (hereinafter “instant accident”).
The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the foregoing motor vehicle driven by B.
[Evidence] Evidence Nos. 3, 4, Eul Nos. 1 and 2, and the purport of the whole pleadings
B. According to the facts found as above, since B was driving the above vehicle while causing the instant accident and thereby causing injury to the Plaintiff, the Defendant is liable for compensating the Plaintiff for the damages incurred by the instant accident.
C. Inasmuch as the Plaintiff also committed an error in driving an off-to-land and driving a three-lane road in violation of the designated lane, the Defendant’s responsibility is limited to 90% in consideration of the foregoing circumstances.
(10% of the negligence set-off ratio) The defendant asserts that the defendant's liability should be limited in consideration of the error that the plaintiff neglected to take the move of the B driver's vehicle due to his/her negligence and failed to wear a safety cap.
However, it is not sufficient to recognize that the Plaintiff neglected to perform his duty in front of the front week only with the statement of No. 3, there is no other evidence to acknowledge it, and in light of the Plaintiff’s injury part, it is difficult to view that the error of failing to wear a safety cap as a reason to limit the Defendant’s liability due to the instant accident is difficult.