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1. The Defendant: (a) to Plaintiff A, KRW 206,644,010, KRW 130,879,058, respectively, and each of them on November 5, 2019.
Reasons
1. Occurrence of liability for damages;
A. On November 5, 2019, at around 01:39, F moved the Defendant’s vehicle (23.6 tons freight vehicle) into the direction of Busan at the direction of Seoul, and did not secure the front guard and the safety distance. On the other hand, F attempted to 4.5 tons of G driving car (hereinafter “Plaintiff’s vehicle”) which stopped due to the preceding drilling (first accident) in front of the same direction, and 7.5 tons of the Plaintiff’s vehicle stopped in front of the front while driving the Defendant’s vehicle (23.6 tons freight), and 7.5 tons truck and the vehicle stopped in front of the front while driving the Plaintiff’s vehicle.
(hereinafter “instant accident”) . (2) G suffered from a dystrokeus strokeus, due to the instant accident, and eventually led to the death at around 03:38, Nov. 5, 2019.
(3) The Plaintiffs jointly inherited the Deceased with his wife and children, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.
[Ground of recognition] Facts without dispute, Gap 1-4, Gap 14, Eul 2, Eul 5, Eul 14, the purport of the whole pleadings and arguments
B. According to the facts of recognition of liability, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the defendant vehicle.
C. The Defendant asserts that the negligence of the deceased shall be 20% since the second accident occurred because the deceased did not take safety measures after the first accident. The Defendant asserts that the negligence of the deceased should be considered as 20%. In a case where the towing accident by the following vehicle is caused by the driver of the preceding vehicle without taking safety measures, such as moving the vehicle to a safe place even though it was unable to operate the vehicle due to a preceding accident on the expressway or the motorway, or installing the sign of the vehicle due to a breakdown as prescribed by the relevant Act and subordinate statutes.