손해배상(기)
1. The Defendant’s KRW 126,964,208 as well as 5% per annum from January 18, 2014 to July 3, 2015 to the Plaintiff.
1. Facts of recognition;
A. On January 18, 2014, at around 09:35, C was driving DK5 vehicles, and the bicycle was driving in the same direction with the same direction as the above vehicle and was driving in the same direction as the bicycle and E was driving in excess of the bicycle and E, while driving in a bicycle-only way installed in intersection with C. The network was driving in parallel with the direction of C. C, and C was driving in parallel with the rear direction of the above apartment. The front wheel part of E’s bicycle driving, which is run from the left side of C’s vehicle, was shocked with the upper right side of C’s vehicle, and the bicycle was driving in the same direction with the same direction and became in excess of the bicycle and E.
(hereinafter “instant accident”). At around 08:41 on the 28th of the same month, E died due to training paralysis, etc. while receiving treatment from the Acheon-ro Hospital.
B. The plaintiff is the only child E, and the defendant is the insurer who has concluded a comprehensive motor vehicle insurance contract with C with respect to the above accident vehicle.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 3, 6, and 7 (including each number, if any) and the purport of the whole pleadings
2. 1) According to the facts of recognition as to the cause of the claim, the driver who drives a vehicle and makes a bypassing the vehicle shall be deemed to have caused the accident in this case by negligence, although C had a duty of care to reduce the speed of the vehicle and prevent the accident by neglecting his duty of care. Thus, the defendant is the insurer of the vehicle involved in the accident in this case pursuant to Article 10 of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act, who is liable for damages suffered by the deceased and the plaintiff due to the accident in this case, as the insurer of the vehicle involved, pursuant to Article 10 of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act.