손해배상(기)
1. The plaintiff (appointed)'s claim is dismissed in its entirety.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. B, on August 23, 2014, driving C vehicle at about 6:10:0 a.m. on August 23, 2014, and driving the vehicle at the seat of the same intersection in line with the two-lanes in front of the Ecafeteria, which is located in D, Seo-gu, Busan, along the two-lanes of the vehicle.
At that time, F(G) conflict with the front part of the above vehicle on the left part of the crosswalk in the direction of the vehicle driving.
(hereinafter “instant accident”). The F died of the instant accident.
The plaintiff (appointed parties) and the designated parties are children of the deceased.
B. The malicious life insurance company, an insurer who entered into an automobile insurance contract with respect to the foregoing vehicle, paid KRW 4,481,600 to the deceased’s medical expenses on the day of the accident, and paid KRW 45,000,000 to the bereaved family members, including funeral expenses KRW 3,000,000.
B paid 15,00,000 won to the bereaved family members of the deceased as criminal agreement amount, and was subsequently decided to suspend indictment.
C. Class B driver's license is granted to Class II driver's license. On October 21, 201, 201 due to the real name of the subject, etc., class I visual disability is recognized if the eyesight of good eye does not exceed 0.02.
[Ground of recognition] In the absence of dispute, Gap evidence 1 to Gap evidence 4, Gap evidence 6, Gap evidence 11-9 to Gap evidence 19, Eul evidence 1, Eul evidence 5-1 to 7, the purport of the whole pleadings
2. Assertion and determination
A. Although the Plaintiff (Appointed)’s driver of the vehicle involved in the accident was judged to be the first degree of visual disability and falls under those subject to the occasional aptitude test under Article 88 of the Road Traffic Act, the Defendant neglected the Defendant’s duty to supervise and supervise the person subject to the occasional aptitude test, resulting in the Plaintiff’s death.
Therefore, the defendant is liable to pay consolation money of KRW 70,00,000 for mental damage suffered by the bereaved family members of the deceased due to the accident of this case.