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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Facts of recognition;
A. At around 15:15 on November 13, 2007, the F driven a G rocketing car (hereinafter “Defendant vehicle”) and proceeded along the way to cross-section of the flow distance of the viewing line located in the south-dong at the emulculation of the emulculation in the emulculation, along the two-lanes of the emulculation from the emulculation room to the right-hand turn left at the right-hand side of the two-lane, not the right-hand turn-hand turn-on, and by the negligence, the front part of the right-hand part of the E-Operation’s DNA car (hereinafter “Plaintiff’s vehicle”) driven at the right-hand part of the Defendant’s driver’s seat (hereinafter “the instant accident”), and the Plaintiff aboard the Plaintiff’s vehicle, who was on board the Plaintiff, suffered injury, such as the emulculation 4 and 5 vertebrate emul.
B. (1) On November 14, 2006, the Plaintiff of the first insurance contract is only an injury by the Defendant and the Plaintiff’s vehicle, with the insurance period from November 14, 2006 to November 14, 2007, by making the insured a de facto spouse E as a de facto spouse, and is only an injury by the personal injury I, the personal injury II, and the non-insurance vehicle (hereinafter “non-insurance injury”).
(2) On November 16, 2006, H entered into an automobile insurance contract including personal compensation I with respect to the Defendant and the Defendant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 14, Gap evidence No. 31, Eul evidence No. 1 through 3 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings
2. Whether the defendant is liable for payment
A. According to the above facts, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, and thus, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff within the limit of the maximum amount of personal compensation I (liability insurance) stipulated by the Guarantee of Automobile Accident Compensation Act.
The defendant asserts the limitation of liability at the time of the accident of this case.