A. The facts of recognition (1) around 00:18 on October 2, 2016, D was driven by E-si (hereinafter “Defendant vehicle”) and proceeded with the two-lanes of the two-lanes of the roads in front of G in F at the time of stay in the cultural center, with the modern apartment room located in the area of the cultural center, without discovering H on the crosswalk of the front direction of the Defendant vehicle.

(2) The instant accident (hereinafter “the deceased”) died. (2) The H (hereinafter “the deceased”).

(3) The Plaintiff is the deceased’s spouse, Plaintiff B, and C’s children, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap1 through 5, Gap9, 10 items or images (including each number), the purport of the whole pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident of this case as a mutual aid business operator of defendant vehicle.

C. The limitation of liability: (a) the occurrence of the instant accident also contributed to the deceased’s negligence, which was used in the crosswalk at night; (b) thus, the proportion of the deceased’s negligence shall be 50%; and (c) the Defendant’s responsibility shall be limited to 50%.

2. Scope of liability for damages

A. The Plaintiffs asserted that funeral expenses of at least KRW 10 million were paid, and filed a claim of KRW 5 million among them according to the inheritance share ratio, but there is no evidence to deem that funeral expenses were paid, and thus, within the limit of KRW 3 million, not disputing the Defendant.

However, considering that the defendant's ratio of liability is 50%, funeral expenses may be claimed 1.5 million won, and it is divided according to the inheritance ratio of each plaintiff as follows.

Plaintiff

A (3/7): 642,858 won, Plaintiff B and C (2/7, respectively: 428,571 won, respectively.

B. Since the deceased's share of inheritance on consolation money does not claim it, the plaintiffs claim in accordance with the principle of pleading and the principle of party disposition.