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1. The defendant shall be the Claimant B, 8,173,950 won, 1,500,000 won, 1,500 won, and the rest of the plaintiff (appointed party).
Reasons
1. Occurrence of liability for damages;
(a) The facts of recognition (1) The Selection B is the victim of the traffic accident below, and the Selection C is the spouse of the Selection B, and the plaintiff (the Appointed Party; hereinafter the plaintiff is only the Appointed Party), the Selection D, E, F, G, and H are children of the Selection B.
The defendant is an insurance company that enters into an insurance contract with the content that the defendant compensates for all the liability to be borne by the I due to a motor vehicle accident occurred by the operation of the JJ vehicle owned by I.
(2) On November 10, 2005, when driving a J vehicle on the 20:07 side of the Gu and driving the J vehicle on the right side of the Gu, due to the negligence of failing to perform the duty of care and failing to do so while neglecting the duty of care to proceed safely, I caused B to suffer an injury, such as scambling and drilling, dump, dump on the right side of the vehicle in front of the direction of the vehicle in question at the time of the accident, by shocking the left side of the designated person B who was walking on the road before the direction of the vehicle in question.
(hereinafter referred to as the "accident of this case"). [Grounds for recognition] Each entry, as well as the purport of the whole pleadings, in Gap 1, 2, 4, 5, 15, and Eul 1 through 3 (including each number) without dispute.
B. According to the above facts, the defendant is an insurer who entered into an insurance contract with I, and is liable for all damages suffered by the plaintiff and the designated parties due to the instant accident.
C. As to the Defendant’s claim on limitation of liability, the Defendant alleged that, as a designated party B, he should have taken adequate self-protection measures when walking along the road that is a one-lane road at night, he would have been faced with the instant accident by closeing to the road. Since the negligence of such a designated party B was caused by the occurrence of the instant accident and the expansion of damages, it should be taken into account in calculating the amount of damages arising from the instant accident.