손해배상(자)
1. The Defendant: (a) against Plaintiff A, KRW 14,250,451, KRW 8,354,183, and each of the said money to Plaintiff B and C, respectively; and (b) on August 21, 2018.
1. Occurrence of liability for damages;
(a) The facts of recognition 1) E is a H-si operated by G driving the above tideland while driving the horse at around 10:25 on August 21, 2018 and driving the horse at around 10:25 on the back-side road in front of Sejong City (hereinafter “Defendant vehicle”).
) The front part of the Defendant’s vehicle was shocked without avoiding it, and due to that, E was passed on the road (hereinafter referred to as “instant accident”).
2) The accident of this case resulted in the death of E in brain color due to traffic accident.
(E) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant vehicle. (4) The Plaintiff is the deceased’s spouse, and the Plaintiff B and C are the deceased’s children.
[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 or 2 (including paper numbers), the purport of the whole pleadings
B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the Defendant’s vehicle, barring special circumstances.
C. The Defendant asserts that the Defendant’s driver’s exemption and liability should be exempted on the ground that the instant accident occurred due to the total negligence of the deceased, who did not properly conduct the operation of the horse even though the driver discovered and stopped the horse of the deceased.
However, the following circumstances recognized by the purport of Gap evidence 5 and 9 as a whole, namely, the location of the accident in this case is a sloped section, and the view is restricted to the view as it is, and therefore, the vehicle that proceeds from the opposite direction is not visible, and in the case of a vehicle that drops down a downway, it is not easy to operate the vehicle, and the width of the road is difficult to pass along the vehicle at 2.2 meters. Thus, the above side road is a side road.