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1. The Defendant: (a) KRW 266,445,474; and (b) KRW 5,000,000 and each of the said money to Plaintiff A from July 15, 2015 to July 2017.
Reasons
1. Facts of recognition;
A. On July 15, 2015, at around 20:15, C driven a D U.S. car (hereinafter “AW”) and proceeded into the 4-lane road in front of the TF station located in Ulsannam-gu, Ulsan-gu, by one-lane of the four-lane road. On the other hand, C had the Plaintiff, who was unauthorized crossing from the right side of the course to the left side, shocked the Plaintiff at the front part of the LAW (hereinafter “the instant traffic accident”), and the Plaintiff suffered from the injury of blood transfusion, etc. due to such injury.
B. On June 16, 2016, the Ulsan District Court 2016Kadan379 was indicted against the instant traffic accident, and the driver C was sentenced to a suspended sentence of one year in his/her imprisonment without labor on June 16, 2016, and the prosecutor filed an appeal with the Ulsan District Court 2016No963. However, on August 26, 2016, the appeal was dismissed and the judgment of the first instance court became final and conclusive.
C. The plaintiff B is the husband of the plaintiff A, and the defendant is an insurance company that entered into a comprehensive insurance contract with respect to the household harming vehicles.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 2 through 4 and images (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings
2. Occurrence of liability for damages;
A. According to the above recognition of liability and the evidence mentioned above, the traffic accident in this case is deemed to have occurred due to the negligence of driving a melting vehicle while performing the duty of ex officio. Thus, the defendant is the insurer of the melting vehicle, barring special circumstances, and is liable for the damages suffered by the plaintiffs due to the traffic accident in this case.
B. Limitation of liability: (a) Plaintiff A was negligent in crossinging the place other than the crosswalk by putting clothes in the color of the fourth line on the 4th line at night time; and (b) such negligence is also deemed to have caused the occurrence of the instant traffic accident and the expansion of damage, taking into account the aforementioned circumstances, the Defendant’s liability is 50%.