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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.
Reasons
1. In the first instance court, the Plaintiff claimed for the payment of lost income, funeral expenses, and consolation money against the Defendant. The first instance court partly accepted the claim for lost income and consolation money among them, and dismissed the remainder of the claim.
As a result, the plaintiff appealed only against the claim for lost income and consolation money, the subject of the judgment of this court is limited to the above claim for lost income and consolation money, and the claim for funeral expenses are excluded.
2. Occurrence of liability for damages;
A. The court's explanation on this part of the facts of recognition is identical to the reasoning of the judgment of the court of first instance as stated in paragraph (1). Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
B. According to the above facts of recognition, the defendant is liable to compensate the deceased and the plaintiff for the lost income and consolation money caused by the accident of this case as a mutual aid business operator for a sea-going vehicle.
C. Comprehensively taking account of the overall purport of arguments and arguments as to Gap evidence Nos. 1 to 4 and Eul evidence Nos. 1 to 3 (including various numbers), the accident location at the time of the accident at the time of the accident at the time of the accident at the time of the accident at issue, there was a separate installation between India and the roadway in order to prevent pedestrians from passing away without permission, and there was an underground passage for pedestrians to build a road without passing through the roadway, but it can be recognized that the deceased was faced with the accident at the center by passing the eight-way line road after going through the night, without permission. Such negligence of the deceased was the main cause of the occurrence and expansion of the damage caused by the accident at night, so it shall be considered in calculating the amount of damages to be compensated by the defendant, and therefore, the percentage of the deceased's negligence shall be limited to 45% remaining except for the above fault ratio.
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