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1. The Defendant’s KRW 9,072,838 as well as the Plaintiff’s annual rate of 5% from October 8, 2012 to May 13, 2015.
Reasons
1. Facts of recognition;
A. At around 15:30 on October 8, 2012, B driven a Cschton vehicle (hereinafter “dive vehicle”) and passed from the two-lane road front of the E Mental Oil Center in D to the back-lane between the said heart center and the F main point, B, which led to the Plaintiff’s left side of the Plaintiff’s left side crossinging from the right side to the left side, and caused the Plaintiff to suffer injury, such as a cage cryp, etc. while going beyond the road floor.
(hereinafter “instant accident”). (b)
The defendant is an insurer who has concluded a comprehensive automobile insurance contract with B.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 16, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages caused by the accident of this case, unless there are special circumstances.
B. The defendant asserts that the accident site of this case is a side road where there is no distinction between delivery and vehicular road, and the vehicle traffic is frequent. The plaintiff is obliged to fulfill his duty of care by easily examining whether there is a vehicle passing through, and by walking at the edge of the road, etc., the above duty of care is neglected, and the defendant's liability ratio should be limited to 80% since he neglected the above duty of care and walk at the center of the road.
In other words, the accident site of this case is the entrance of a backway connected to the two-lanes of the Embane center in East Sea at the same time, and delivery is installed on both sides as above. On the ground that the entrance of the above side road is not installed only at the entrance of the above side road, pedestrians walking over the above side of the road are forced to walk across the side road and to walk about the above side. ② At the time of the accident, the plaintiff is walking to the nearest point of the Embane center at the time of the accident.