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1.The judgment of the first instance shall be modified as follows:
The counterclaim Defendant 5,390,119 won and this.
Reasons
1. Occurrence of liability for damages;
(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by comprehensively taking into account each entry of Gap evidence 1 to 5, 8, 9, Gap evidence 15-1 to 6, Eul evidence 5, Eul evidence 6-1 to 10, Eul evidence 10-3 to 6, Eul evidence 10-6.
1) On August 1, 2009, the counterclaim Defendant is the insurer that entered into an insurance contract for the comprehensive motor vehicle for hybrids with the insurance period of one year from September 1, 2009 to September 1, 2010. B) around June 5, 2010, while driving the above PPP on the Han River in front of the Seoul Dongjak-gu Seoul Metropolitan Government (Seoul), while driving the above PPP on the Han River in front of the Han River in front of the Han River in front of the Han River in front of the Han River in front of the Han River in front of the road in front of the Han River in front of the Han River in front of the two-lane road in front of the Han River in front of the Han River in front of the two-lane road in front of the Han River in front of the Han River in front of the two-lane road in front of the Han River, and caused the damage to the right side of the vehicle in front of the said PPP.
B. According to the above recognition of the liability for damages, the instant accident occurred due to the negligence of violating the signal while driving the vehicle B while driving the vehicle.
As such, the counterclaim defendant is the insurer B, and is liable to compensate for the damages suffered by the counterclaim due to the instant accident.
C. As to the counterclaim Defendant’s claim on limitation on liability, the counterclaim Defendant erred by failing to take account of the progress of the vehicle in the front line, or failing to wear the safety bell, by failing to take account of the situation of the vehicle in the front line at the time of the instant accident, or by failing to take account of the yellow signal.