손해배상(기)
1. Both the plaintiffs' appeal and the defendants' incidental appeal are dismissed.
2. The costs of appeal are borne by the Plaintiffs.
1. The grounds for this Court’s determination regarding this part of the liability for damages are as follows, and this part of the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[C]
C. The plaintiffs asserts that the driver's negligence is greater or at least the same, in light of the fact that it is difficult to view that the deceased was negligent in performing his/her duty of front-time care because the road was placed on the top of the place where the accident occurred, and the defendant's vehicle was stopped in a state where it was not in light of the condition that the driver's death was likely to have died even if the cause of death of the deceased was worn out due to long-term damage.
As to this, the Defendants asserted that the instant accident was caused by the negligence of driving under the influence of alcohol without wearing a safety mother by the deceased, and the street lamps were flicked, and there was almost no road stacker, and even if not, the instant accident was caused by the deceased’s negligence, the Defendant driver’s negligence does not exceed 10%.
The following circumstances are acknowledged by the evidence set forth in the evidence Nos. 1 through 3, namely, the instant accident site is a road bended by the vison, which is installed along the road. However, the location of the accident site is a high-priced road, and in particular, the road was opened compared to other parts of the road. Nevertheless, the Defendant’s vehicle opened the entrance of the nearby construction site at around 05:0 without lights the rear light or emergency lights (which seems to have been in the state of operating due to the malfunction of the direction of the left side of the rear side and the rear side) and continued to stop after arriving at the site of the accident. On the other hand, the Deceased is driving the Plaintiff Otoba while driving the vehicle.