1.The judgment of the first instance shall be modified as follows:

Attached Form

With respect to the indication of the accident, the plaintiff (Counterclaim defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract with C with respect to the instant motor vehicle for E-H (hereinafter “instant motor vehicle”).

B. On November 29, 2012, C driving the instant vehicle and driving it on a road in front of the social welfare center located in the Dongdaemun-gu Daejeon Metropolitan City, Daejeon, and receiving a defendant crossing the crosswalk, and suffered an injury to the left-hand end 3, which requires approximately five weeks of treatment.

C. On December 22, 2014, the Defendant was declared bankrupt by Seoul Central District Court Decision 2014Ha10483, and the trustee in bankruptcy took over the remainder of the insurance money remaining after deducting compulsory insurance money during the instant lawsuit by the trustee in bankruptcy. On December 13, 2017, the bankruptcy procedure was abolished, and the Defendant took over this part of the lawsuit again.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above fact that the accident of this case was established, since it was attributable to the operation of the vehicle of this case, the plaintiff, the insurer of the vehicle of this case, is liable to compensate the defendant for the damage caused by the accident of this case.

B. The Plaintiff asserts that the Plaintiff’s liability should be limited to 90% in consideration of the occurrence of the instant accident at night.

However, in light of the provisions of the Road Traffic Act (Article 27 (1) of the Road Traffic Act and Article 10 (4) of the Road Traffic Act), the driver of any motor vehicle shall temporarily stop in front of the crosswalk so as not to obstruct or endanger the crossing of the pedestrian, and the pedestrian shall not cross the crosswalk immediately front or behind all the motor vehicles, but if crossing the crosswalk, he shall not do so.