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1. Of the judgment of the court of first instance, the part against the Plaintiffs regarding the money that orders payment under the following subparagraphs shall be revoked, and the Defendant.
Reasons
1. Occurrence of liability for damages and limitation on liability;
A. On August 27, 2009, D was under the influence of alcohol by 0.175% on blood alcohol level, and D was under the influence of 0.175% on August 27, 2009 (hereinafter “Defendant vehicle”) and was under the influence of E Hamba car (hereinafter “Defendant vehicle”). At the time of night, there are many vehicles running in the front section of Young-nam Aambaro, and thus, at the night, there are many vehicles driving in the front section, so it is necessary to see the front section and the left part well, and operate the steering gear and the brake system accurately and safely. However, it was not neglected to take into account the front part and the rear part of the Defendant vehicle’s Hpoter loaded on the back part of the Defendant vehicle, thereby causing the Plaintiff’s injury to the Defendant’s Hamop and the left-hand part, such as ewal ewal ewn and ewal ewal ew.
(hereinafter “instant accident”). (2) Plaintiff B and C are children of Plaintiff A, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.
B. According to the above facts of recognition as the ground for the occurrence of liability, the defendant is liable for all damages suffered by the plaintiffs due to the accident of this case, unless there are special circumstances.
C. It is difficult to deem that there was any negligence on the part of the Plaintiff A with respect to the instant accident.
However, on September 2, 2001, Plaintiff A filed a claim for industrial accident compensation insurance benefits with injury, such as the frame of the right-side pelle, the escape card of 6-7 conical signboards, the external stress disorder, and depression, etc., due to an accident that occurred on September 2, 2001, and the Korea Labor Welfare Corporation notified Plaintiff A that on August 18, 201 after the accident of this case, the Korea Labor Welfare Corporation decided to pay disability benefits of KRW 29,798,040 by recognizing the right-side pelle as an obstacle to the right-side pelle Games, and this notified Plaintiff A’s payment.