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1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B and the Defendant’s C Orler vehicle (hereinafter “Defendant vehicle”).
B. At around 00:05 on November 11, 2012, B, driving the Defendant vehicle, and driving the two-lane road in front of the Gasan-dong fishing at Asan City, the Plaintiff was shocked by the Plaintiff crossinging the crosswalk without signal, etc., at a speed of about 60km from the area of common high school to the area of common agricultural cooperatives.
(hereinafter referred to as “instant accident”). C.
In the instant accident, the Plaintiff suffered bodily injury, etc., such as an out-of-chilling blood (outstanding) with two open addresses.
[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3, Gap evidence 9, Gap evidence 10, Eul evidence 1 through Eul evidence 4 (including branch numbers), the purport of the whole pleadings
2. Occurrence of liability for damages and limitation on liability;
A. According to the above fact of recognition of the liability for damages, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as the insurer of the defendant vehicle.
B. At the time of the instant accident, the accident occurred while the vehicle was at night at the time of the instant accident, and the front glass was fluence due to the string of the vehicle, and the vehicle was fluored in the front and the exit of the vehicle was flowed. B did not sufficiently accelerate and did not secure the front view, and the accident occurred while the accident occurred.
However, it seems that the damage caused by the instant accident was expanded due to negligence when the plaintiff neglected his/her duty of care to separately examine the right and the right over the ordinary road when crossing the crosswalk at night without any signal, etc., and thus, the defendant's liability is limited to 90%.
3. The current price shall be calculated at the time of the accident of the scope of the damage compensation liability shall be calculated by the simple interest rate calculated by deducting intermediate interest at the rate of 5/12 per month, and the amount below the month for the convenience of the calculation shall be discarded; and
Each item sought by the plaintiff.