Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. B, while under the influence of alcohol level of 00:15% on December 6, 201, under the influence of alcohol level of 0.09%, driving a motor vehicle owned by the Defendant C B (hereinafter “Defendant motor vehicle”) and driving the two-lanes of the sub-sections of the sub-sections of the sub-sections of the sub-sections of the sub-sections of the sub-sections of the sub-sections of the sub-sections from Busan At night. At night, at night, at night, the two-lanes of the sub-sections of the sub-sections of the sub-sections for the purpose of road construction. Thus, even if there was a duty to reduce the speed of the Defendant motor vehicle and prevent accidents by accurately manipulating the sub-sections of the sub-sections with the Defendant motor vehicle, and then the Defendant motor vehicle re-converted to the right side of the sub-sections of the sub-sections of the sub-sections of the sub-sections of the sub-sections and the Plaintiff suffered damage.
(hereinafter “instant accident”). (b)
The defendant is an insurer who has entered into a comprehensive automobile insurance contract with B as to the defendant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 through 4, Eul evidence 3, Eul evidence 4-1 through 4, Eul evidence 7-1, Eul evidence 7-2, and the purport of the whole pleadings
2. Occurrence of and limitation on liability for damages;
A. According to the above fact of recognition that the accident of this case occurred due to the negligence of B, the defendant, who is the insurer of the defendant vehicle driving by B, is liable to compensate the plaintiff for the damage suffered by the plaintiff due to the accident of this case.
B. Limit of liability, however, the following circumstances acknowledged by the evidence mentioned above are driving in order to make the Plaintiff, who was under the influence of alcohol while drinking the Plaintiff and the Plaintiff, who was under the influence of alcohol between the Plaintiff and the two-dimensional b.
The instant accident occurred, and ② At the time of the instant accident, B was under the influence of alcohol concentration of 0.09%.