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1. Of the judgment of the first instance, the part against the Plaintiff, which exceeds the following parts.
Reasons
1. The grounds for this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. According to the above facts finding that the liability for damages was established, the driver of a cargo vehicle caused the accident of this case due to negligence that the driver of the truck caused the accident of this case due to negligence while driving the cargo vehicle in bad faith, and thereafter, the further collapsed damage occurred while leaving the door of this case neglected, so the plaintiff, the insurer which entered into the insurance contract of this case, is liable to compensate for the damage caused by the accident of this
(2) The Plaintiff asserted that there was no causal link between the instant accident and the extended damage caused by the additional collapse. However, it is obvious in light of the empirical rule that there was no additional collapse if the instant door price had not been damaged due to the instant accident, and even if there was no special measure to prevent additional loss as alleged by the Plaintiff, such circumstance alone is insufficient to deem a proximate causal link between the instant accident and the extended damage. Therefore, the Plaintiff’s above assertion is rejected).
1) In ordering compensation for damages caused by a tort, if the victim was negligent with respect to the occurrence and expansion of the damage, the court shall take such factors into account in determining the liability and amount of the compensation for damage.
(Article 763 and 396 of the Civil Act). In addition, even if the factors of the injured party are irrelevant to the causes on the part of the injured party, if it violates the principle of fairness by allowing the injured party to compensate for all damages in light of the form, degree, etc. of the injured party, the court shall determine the amount of damages, and applying the legal principle of comparative negligence by analogy, thereby contributing to the occurrence or expansion of the damages.