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1. As to the Plaintiff (consolidated Defendant)’s KRW 15,388,993 and its amount from October 7, 2016 to July 20, 2018.
Reasons
1. The following facts can be acknowledged in full view of the contents of evidence Nos. 1 to 5, and evidence No. 9 and the purport of the whole pleadings.
C around October 7, 2016, around 19:08, it was over three-lanes while arranging the street points on the three-lanes adjacent to the bus stops located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. D.
B. Meanwhile, while driving a G vehicle at the above three-lanes, F did not see C as seen above while driving the G vehicle (hereinafter “Defendant vehicle”) and continued as it is, and C was received as the chief offender of the Defendant vehicle (hereinafter “instant accident”), and C died on the same day.
C. H renounced the deceased’s child or the deceased’s inheritance, and the Plaintiff, the mother of the deceased, inherited the deceased’s property solely. D.
The defendant is an insurer who has concluded an insurance contract with regard to the defendant vehicle.
2. Determination as to the principal lawsuit
A. According to the above facts, the defendant, as the insurer of the defendant vehicle, is liable to compensate the deceased and the plaintiff for the damages caused by the accident of this case as the insurer of the defendant vehicle, barring any special circumstance. 2) The defendant asserts that the accident of this case was caused by the deceased, who was in India abutting on the three-lanes at night, due to the accident that occurred (the whole fault of the deceased), and that the driver of the defendant vehicle, as the driver of the defendant vehicle, could not be anticipated that the deceased, who was in India, was in delivery, would go beyond the roadway on the roadway (the driver's negligence of the defendant vehicle). Thus, the accident should not be exempted (the driver's negligence of the defendant vehicle).
The main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his own sake shall be liable to compensate for the damages if he dies or gets injured by another person due to the operation of the automobile," and it does not prevent the driver's intentional or negligent.