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1. The Defendant’s KRW 3,100,646 as well as 5% per annum from December 4, 2014 to April 27, 2016 to the Plaintiff.
Reasons
1. Occurrence of liability for damages;
A. In addition to the purport of the argument in Gap evidence Nos. 1 and 2, the defendant is the insurer who has concluded a comprehensive motor vehicle insurance contract with Eul, ② around 08:50 on December 4, 2014, the defendant is the insurer who has concluded a comprehensive motor vehicle insurance contract with Eul, ② around 08:50 on December 4, 2014, the vehicle was driven by the above vehicle and entered the intersection in the red on-and-off new location. At the time, the accident of collision between the above two vehicles by entering the above intersection in yellow on-and-off new location (hereinafter referred to as the "accident"), and ③ The accident in this case is recognized.
According to the above facts, it can be recognized that the accident of this case occurred due to the negligence of proceeding without checking whether there are other vehicles entering the intersection after temporarily stopping despite the fact that B was a red and flickering signal, and without checking the presence of other vehicles entering the intersection. Thus, the defendant, who is the insurer, is liable to compensate the plaintiff for the damage caused by the accident of this case.
B. The limitation of liability for damages: (a) the Plaintiff appears to have entered the intersection without due care for the passage of other vehicles despite a yellow on-and-off signal; and (b) the Plaintiff consulted with the Defendant on the rate of negligence of the instant accident before the instant lawsuit was filed; and (c) the Plaintiff at the time determined the rate of negligence to 20%, comprehensively taking into account the following: (a) the Defendant’s liability is limited to 80
2. Scope of liability for damages
A. At the time of the instant accident, the Plaintiff, at the time of the Plaintiff’s assertion, operated a flower farm in Namwon-si, Namwon-si. However, due to the instant accident, the Plaintiff was hospitalized for two weeks, and all the flowers managed by the Plaintiff at the time of the instant accident were dead. Ultimately, the Plaintiff was extracted from 7,667,00 won to sworn flowers, and the Plaintiff was planted with new flowers seeds.