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1. Of the judgment of the first instance court, KRW 42,400,000 against the Plaintiff and the Plaintiff regarding the aforementioned amount, from July 25, 2013 to August 20, 2015.
Reasons
1. Facts of recognition;
A. Under the Guarantee of Automobile Accident Compensation Act, the Plaintiff is designated by the Minister of Land, Infrastructure and Transport as a truster of the business of guaranteeing automobile accident compensation and carries out the prescribed duties of guaranteeing victims in cases of accidents caused by automobiles such as non-insurance and unknown whereabouts.
B. On July 2, 2013, the Defendant, at around 11:25, driven the B Poter freight without a driver’s license, and driven the D- One-way traffic route in south-gu C at the port of the port from the opposite market to the peace market at a speed of about 20km at the speed of her speed, did not discover the victim E (FFs and females; hereinafter “the deceased”) coming from the right side of the said cargo vehicle, and caused the deceased’s death by a low blood shock. Accordingly, the deceased died by a low blood shock.
(hereinafter “instant accident”). C.
The accident site of this case is a narrow road where shopping districts are concentrated, where pedestrian traffic is frequent, and there is no delivery and roadway.
On July 24, 2013, the Plaintiff paid the deceased’s bereaved family members KRW 69,911,680 in total as compensation for the said livelihood security project.
【Fact-finding without a dispute over the basis of recognition】 The entry of evidence Nos. 1-1 to 6, 2, and No. 1-2, 8, 9, 11, 12, and 2, and the purport of the whole pleadings
2. The occurrence and scope of the right of indemnity;
A. According to the occurrence of damages liability and the recognition of the above facts, the accident of this case occurred due to the negligence of the defendant who neglected his duty to drive safely by taking a well-being of pedestrians, and thus, the defendant is liable to compensate for the damages suffered by the deceased and their bereaved families due to the accident of this case as a tortfeasor.
However, the deceased cannot walk safely at the edge of the road while walking along the road that is not divided into delivery and vehicular road.