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1. The Defendant’s KRW 211,718,291 as well as 5% per annum from March 22, 2015 to August 12, 2020, respectively, to the Plaintiff.
Reasons
1. Occurrence of liability for damages;
A. The Plaintiff is the victim of the instant accident, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the CM5 vehicle (hereinafter “Defendant vehicle”).
On March 22, 2015: Around 05, Nonparty D driven the Defendant’s vehicle, and driven the Plaintiff’s Ethobb in front of the Defendant’s vehicle, and caused the Plaintiff’s injury to the Defendant’s left-hand fluoral fluor, etc., by failing to make a left-hand turn (the Defendant’s driver was aware of and left-hand for the instant vehicle) in contravention of the signal while the signal of the front side was travelling along one lane of the 6nd line of the 6nd line of the 6nd line of the eth line of the eth line from the ethalside of the ethal distance from the front side of the ethal road to the ethalside of the ethalside, the upper part of the ethal part of the ethal part of the Defendant’s left-hand fluoral.
(A)(b)
As above, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff sustained the injury due to the operation of the Defendant’s vehicle.
C. Whether to limit liability: The Defendant, who did not set off negligence, asserts that the Plaintiff should set off negligence because the Plaintiff driven an Oral boo without wearing a safety mother, but there is no evidence to prove that the Plaintiff driven the Oral boo without wearing a safety mother at the time of the accident.
Rather, according to the police's traffic accident report (A-4), the issue of wearing the plaintiff's safety mother is unclear; the emergency records of the emergency room at the time of the accident to the F Hospital immediately after the accident are stated as the "otobba - heat wearing" (A10); the police officer immediately after the accident is located far away from the safety mother on the side of the accident site (A1); and the plaintiff assisted the accident immediately after the accident.