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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition 1) C are D concrete pumps (hereinafter “Defendant vehicles”) around 07:27 December 17, 2015, around December 17, 2015
) A driver, driving and proceeding two laness in front of the Friju station in Songpa-gu Seoul Metropolitan Government E from the direction of the police hospital to the police station at the direction of the police station, and moving to the right right side of the plaintiff's left side while moving to G apartment toward the right side (hereinafter referred to as "the accident in this case").
(2) The Plaintiff suffered injury, such as salleys, etc., due to the instant accident.
3) The Defendant is an insurer which has entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle. [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1 (including paper numbers, and the purport of the whole pleadings)
B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.
C. The defendant asserts that at the time of the accident before sunrise, at the time of the accident, the plaintiff walked on the left side of the vehicle parked on the right side of the road, not on the right side of the road, and that the defendant's liability should be limited by taking into account the above, since the defendant's vehicle was parked on the right side or back of the parked vehicle during the passage of the vehicle and did not go again, and did not go again,
However, at the time of the accident, the plaintiff seems to have inevitably passed the left-hand side of the parked vehicle because it is parked on the right-hand side of the road, and there is no duty of care to stop and avoid the passage through the passing of the defendant vehicle.
Therefore, the defendant's above assertion is without merit.
2. Except as otherwise stated below within the scope of the liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.
At the time of the accident, the amount of damages is present.