손해배상(자)
1. The Defendant: 603,425,408 won to Plaintiff A; 10,000,000 won to Plaintiff B; and 4,000,000 won to Plaintiff C; and each of the said money.
1. Occurrence of liability for damages;
A. Fact-finding 1) D is a vehicle under the influence of alcohol at around 23:40 on July 25, 2013, with a blood alcohol concentration of 0.098% (hereinafter referred to as “fluence vehicle”).
2) A driving the Plaintiff and driving the Plaintiff, while moving to the branch of the Korean Electric Power Branch from the direction of the Han-gu Elementary School, which was located in the front of the Dong-dong Middle School as Gangnam-si, and taking the Plaintiff’s bicycle and cutting the crosswalk, and caused the Plaintiff’s injury to the Plaintiff, such as a acute external wound, and he caused the Plaintiff’s injury (hereinafter “instant accident”).
(2) Plaintiff B is the father of Plaintiff A and Plaintiff C’s punishment, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with Plaintiff D with respect to the vehicle.
[Reasons for Recognition: Facts without dispute, Gap 1, Gap 2, Gap 7 through Gap 9, Eul 1, Eul 2, and the purport of the whole pleadings]
B. Comprehensively taking account of the above fact-finding of the occurrence of liability, it is recognized that the accident of this case was caused by the discovery of the plaintiff A late due to the failure to properly see the front door while under the influence of alcohol by D.
D is liable to compensate the damages suffered by the plaintiffs due to the accident in this case, and the defendant is the insurer who entered into a comprehensive automobile insurance contract with D with respect to the automobiles for damage, and is jointly and severally liable to compensate for the damages suffered by the plaintiffs.
C. Contributory negligence: (a) Plaintiff A was negligent in crossinging the crosswalk at night, and the negligence of Plaintiff A contributed to the occurrence of the instant accident and the expansion of the damage; (b) thus, this shall be reflected in the Defendant’s responsibility. However, considering the developments leading up to the instant accident and the degree of negligence of Plaintiff A, the Defendant’s liability shall be limited to 80% by deeming Plaintiff A’s negligence as 20%.
2. Scope of damages.
A. The plaintiffs' claim 1) The plaintiff's passive damages: 470,338,329 won. 2) The plaintiff's active damages: 773,028,461 won. 3 consolation money: plaintiff A. 100 million won.