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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition are as follows. The Selection B is the victim of the traffic accident under the following, and the Selection C is the spouse of the Selection B, and the children of the Selection B. The defendant is an insurance company which entered into an insurance contract with I and I to compensate for all damages to be borne by I due to the motor vehicle accident caused by the operation of J cars owned by I. 2) On November 10, 2005, I driving a J vehicle at the time of the Gu, and driving the vehicle at the right side of the Gu in peace-dong around 2007 and driving the vehicle at the right side of the Gu, and driving the vehicle at the right side of the Selection B in the direction of the road in front of the direction of the traffic accident, and caused the Selection B to suffer the above part of the accident, such as the above part of the Selection B's left side part of the road before the direction of the accident.
(hereinafter referred to as the "accident of this case"). [Grounds for recognition] Each entry, as well as the purport of the whole pleadings, in Gap 1, 2, 4, 5, 15, and Eul 1 through 3 (including each number) without dispute.
B. According to the above facts, the defendant is an insurer who entered into an insurance contract with I, and is liable for all damages suffered by the plaintiff and the designated parties due to the instant accident.
C. The defendant's claim on the limitation of liability should have taken adequate self-measures when walking along the road which is a one-lane of way at night as a designated person B. However, the accident of this case was caused by close vicinity to the road. Since the negligence of the designated person B was caused by the occurrence of the accident of this case and the expansion of damage, it is argued that it should be taken into account in calculating the amount of damages in accordance with the accident of this case. Thus, the designated person B is a road side at night.