손해배상(자)
1. The judgment of the court of first instance is modified as follows.
The counterclaim Defendant 103,317,707 won and this.
1. Facts of recognition;
A. Counterclaims are the parents of the deceased who jointly inherited the network C (hereinafter “the deceased”) and the counterclaim Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the D Laun vehicle driven by E (hereinafter “Defendant vehicle”).
B. At around 08:25 on July 4, 2015, E discovered that five bicycles, such as the Deceased, are running in the direction of the Paldang Dam from the two lanes in the front intersection to the front intersection, while driving the two-lanes of the two-lane roads near the south intersection located as the Hanam city. On the other hand, E tried to overtake the said bicycles by changing the lane to the one-lane.
In such cases, E, despite the duty to drive safely by driving a bicycle on the face of the front side, by driving the bicycle well-beinging well, and by fully reducing the speed of the bicycle, in violation of this duty, they did not avoid the deceased who is in contact with the preceding two lanes, and did not avoid being used as one lane on the right side of the defendant vehicle, and caused the deceased to die due to a combination of two-ways from the place.
(hereinafter referred to as “instant accident”). C.
E was charged with a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents by Sungwon District Court 2015Kadan2570 in relation to the instant accident, and was sentenced to a fine of five million won in the above court on January 19, 2017. Accordingly, both E and the Prosecutor appealed to the Suwon District Court 2017No768, but both appeals filed by both parties on September 27, 2017, and the said judgment became final and conclusive on October 11, 2017.
[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 through 4, and 8 (including branch numbers; hereinafter the same shall apply)'s entries and the purport of whole pleadings
2. Occurrence of liability for damages;
A. According to the above fact of recognition of liability, five persons, including the Deceased, etc., in the two-lanes of the front bank of E. The instant accident.