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1. The Defendant’s KRW 92,603,403 as well as 5% per annum from March 28, 2014 to June 14, 2017 to the Plaintiff.
Reasons
1. Occurrence of liability for damages;
(a) 1) B, around March 28, 2014, 16:05, on March 28, 2014, Clock truck (hereinafter referred to as “Clock truck”)
2) The Plaintiff, while driving his vehicle along the two-lanes to the 10-lane 10-lane west in the west-gu in Gwangju Mine area, was driving along the two-lanes to the west-gu 2-lane 10-lane west, led to a change of the vehicle from one lane to two-lanes to the intersection, and became on the intersection where the accident occurred at the same speed. (ii) At the same time, the flow of the vehicle running along the one-lanes was stopped at the intersection, but the Plaintiff entered the private distance between the vehicles that gets on a bicycle and stopped.
3) At that time, B did not discover the Plaintiff and shocked a bicycle on the part front of the driver’s seat of the Maritime Motor Vehicle before the driver’s seat of the Maritime Motor Vehicle and got the Plaintiff to go beyond the road, and caused the Plaintiff to suffer bodily injury, such as epiculation blood, credit cerebral cerebralopty, right wing epiculation, which is accompanied by a high-frequency epiculation between the head and the head (see the following drawings). (4) The Defendant is an insurance company that entered into an automobile comprehensive insurance contract with B with respect to the Maritime Motor Vehicle.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 (including paper numbers), the purport of the whole pleadings, DEF
B. Under Article 3 (Liability for Damages) of the Guarantee of Automobile Accident Compensation Act, Articles 724 (Direct Claim against Insurer) and 726-2 (Liability for Indemnification of Automobile Insurers) of the Commercial Act, the Defendant is liable to compensate for all damages suffered by the Plaintiff due to the instant accident.
C. According to the evidence prior to the limitation of liability, the Plaintiff is obliged to wear a safety cap when leaving the bicycle, to yield the course to other vehicles driving a wide road when entering a narrow road in the intersection where traffic is not controlled, and to enter the narrow road. However, such duty of care is not fulfilled.