2. The plaintiffs' remaining claims are all dismissed.

3. The costs of lawsuit are five-minutes and four are assessed against the plaintiffs, and the remainder are assessed against the defendants.

4. Paragraph 1 can be provisionally executed.

The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.

No dispute over the establishment of Gap's evidence No. 5-1 (record of case), 4, 6, 7, 11 through 20 (each investigation report), 8-2 (traffic accident report), 9-10-1 of evidence No. 1, 5-4 (Investigation Report) of the same head office of the deceased, 5 (Report on Occurrence of Accident), 6-1 of evidence No. 3 (Investigation Report) of the same head office of the same head office of the deceased, 9-1 (Investigation Report of the deceased), 10-1 of the same head office of the deceased, 10-1 (Investigation Report of the deceased), 10-1 (Investigation Report of the deceased), 2-1 of the same head office of the deceased, 10-1 (Investigation Report of the deceased), 3-1 of the same head office of the deceased, 10-1 (Investigation Report) of the same head office of the deceased, 10-1, 20-17 (Investigation Report of the deceased), 10-2, 17-1 of the following evidence No.

The main text of Article 3 and Article 2 (2) of the Guarantee of Automobile Accident Compensation Act provide that a person who operates an automobile for himself shall be liable to compensate for damages caused by the death or injury of another person's life or body by his operation, and the term "operation" refers to the use of the automobile in accordance with the usage of the equipment concerned regardless of the transport of people or things. Thus, in light of the purport of the Guarantee of Automobile Accident Compensation Act stipulating that temporary parking on the roadside of the automobile constitutes "operation" of the automobile in the course of driving the automobile, it shall be deemed that the driver has continued to use it on the road to use it for traffic, and the operation of the automobile shall be interrupted only at a place other than the road where the vehicle is moved from the road, and even if the accident of this case occurred, it shall be deemed that the plaintiffs are liable to compensate for damages caused by the above accident during the operation of the automobile, and the defendant shall be deemed to have suffered from the above accident during the operation of the vehicle.

On the other hand, considering the above evidence, the point of accident was a road where it is difficult to identify the deceased because there is no street, etc., and in such a case, the above non-party 1, who is engaged in the driving of the vehicle, does not park the above ready-mixed truck at the accident site, or if it is inevitable to park it, he can take measures to enable the driver of the vehicle behind to easily detect the above ready-mixed truck by installing safety signs or using tail lights, etc., so that it is difficult for the driver of the vehicle behind to take measures to prevent collision in advance, even though there is a duty of care to take measures to prevent collision, it is difficult to use the above ready-mixed truck as it does not turn off on a streetlight, and it is difficult to find that the above ready-mixed truck was parked at the nearby packing, so it is difficult for the above non-party 1 to find out that the above ready-mixed truck was parked at the speed of the accident and thus, it is difficult to find the collision between the above non-party 1 and the driver of the vehicle at night.

2. Scope of damages.

A. The above non-party deceased's lost profit

In full view of the whole purport of testimony and oral argument of evidence Nos. 1 (No. 1) and evidence No. 2 (Simplified Life Table) without dispute in the formation, the above non-party deceased was a male of July 16, 1956 who was a male of July 16, 1956 and his age remains 26 years, and the average male of the Korean male of the same age 40.79 years old, and the above non-party deceased was 300,000 won per month by engaging in delivery and collection work at the time of the accident of this case. The non-party deceased was able to engage in the business until 55 years of age, and there is no counter-proof evidence, and there is no dispute between the parties that the non-party deceased's living expenses require 1/3 of the revenue amount.

Therefore, the above non-party deceased could get net income of 2,400,000 won (30,000 won x 12 x 2/3) after deducting the living expenses each year for 29 years from the time of the accident in this case without any accident in this case. As the accident in this case occurred, the non-party deceased would have been able to get losses in order. Accordingly, as the accident in this case occurred, the amount of 42,310,320 won (2,40,000 won x 17.6293) would be deducted from the value at the time of the accident in this case as the plaintiffs' claim, but if considering the above non-party deceased's negligence prior to the accident in this case, the lost income should be determined as KRW 5,00,000.

(b) consolation money;

According to the above Gap evidence Nos. 1 (the transcript), the father of the above non-party deceased, the plaintiff 2, his mother, and the remaining plaintiffs as his sibling. Since the above non-party deceased died due to the accident of this case, it is obvious in light of the empirical rule that the above non-party deceased was suffering from a considerable mental suffering not only the principal but also the plaintiffs in the above status relationship, the defendant is obligated to pay compensation in money. Furthermore, considering all the circumstances revealed in the arguments, such as health team, the background and result of the accident of this case, the plaintiffs' age and status status, and negligence of the above non-party deceased, the amount of consolation money to be paid by the defendant shall be determined as KRW 500,00,000 for each of the above non-party deceased and the plaintiff 1 and 2, and KRW 20,000 for each of them.

3. Conclusion

Therefore, the sum of the property and mental losses of the above non-party deceased is KRW 5,500,00 ($ 5,000 + 500,000 + 500,000). The above claim for damages was inherited by 2,750,000 each to the plaintiff 1 and 2 (5,500,000 + 1/2) as the death of the above non-party deceased. Thus, the defendant is ultimately liable to pay 3,250,000 won each to the plaintiff 1 and 2 (2,750,000 + 50,0000 + 50,000) and the remaining amount of damages from the judgment of the court of this case from April 26, 1983 to the judgment of the court of this case, and the remaining amount of damages from the judgment of the court of this case shall be 9,500,000 per annum 25,000 per annum of the above legal interest rate of this case.

Judges Goeung (Presiding Judge) Haung-ho Kim Jong-hun