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1. The Defendant: (a) KRW 62,197,626 to Plaintiff A, KRW 48,197,626 to Plaintiff B, and each of them, from July 21, 2016 to November 201, 2017.
Reasons
1. Basic facts
A. At around 22:00 on July 20, 2016, C driven a E Cost Engine car owned D (hereinafter “drawing vehicle”) and proceeded with the two-lane roads in front of G located in Scheon City F in the direction of addition from the Pocheon direction, depending on two-lanes, the part of the H’s bicycle rear wheels part of H’s bicycle riding and driving along a bicycle in the front direction was shocked with the front part of the Posi.
(hereinafter “the instant accident”). H immediately transferred to a hospital, but died of the same day due to external wound, etc.
B. Plaintiff A is the wife of H (hereinafter “the deceased”), Plaintiff B is the deceased’s children, who has Chinese nationality, and the Defendant is the insurer of the instant sea vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including each number; hereinafter the same shall apply), Gap evidence 8 through 13, Gap evidence 26 through 27 (including each number), Eul evidence 1, and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the facts of recognition of liability, D is liable to compensate for damages suffered by the deceased and the bereaved family members of the deceased in accordance with Article 3 of the Guarantee of Automobile Accident Compensation Act as the operator of the instant sea vehicle, unless there are special circumstances.
As such, the plaintiffs have the right to claim direct compensation to the defendant, who is the insurer of the damage vehicle, pursuant to Article 724 (2) of the Commercial Act.
B. (1) The Defendant’s assertion D had I, a de facto spouse, use the instant sea-going vehicle mainly. On April 28, 2016, I provided the said vehicle to J as a security for transfer.
C As a de facto spouse of J in de facto marriage, a vehicle provided as security for transfer was driven without permission and was paid for the instant accident. At the time of the instant accident, D already lost its operation control and operation profit, and therefore there is no liability for damages under Article 3 of the Automobile Accident Compensation Guarantee Act.