1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is modified as follows.

Attached Form

Entry in the list.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 13, 2016, the Plaintiff is a mutual aid provider under the Passenger Transport Service Act, who entered into a motor vehicle mutual aid agreement with Nonparty D and E personal taxi (hereinafter “instant accident vehicle”).

The deceased F (hereinafter “the deceased”) is the victim of the instant accident, and the Defendant is the father of the deceased and C as the mother of the deceased.

B. Around 00:05 on January 8, 2017, Nonparty D driven the instant accident vehicle, and caused Nonparty D to shock the front road of the Seo-gu G apartment site in front of the G apartment site in Gwangju Seo-gu by using two lanes at the speed limit of 80km from the ebbbbridge to the ebbridge, and caused Nonparty D to shocking the deceased without permission on the right-hand side of the speed of about 85km from the speed of 80km at the speed of speed to the ebridge. Nonparty D died on the site.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, entry and video of Gap evidence 1 through 4, 6 and 12 (including each number; hereinafter the same shall apply) as well as the result of the first instance court's verification of moving images of the accident (Evidence A 14), the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff inherited each of the shares of the Defendant and C in the instant accident at KRW 60,282,714 (i.e., lost income of KRW 35,282,714) on the premise that the deceased’s negligence was 90% (i.e., KRW 35,282,714). As such, the Plaintiff’s damages payable to the Defendant are KRW 33,141,357 (i.e., KRW 30,141,357 for funeral expenses of KRW 30,141,357 for inheritance expenses of KRW 500,000 for funeral expenses of KRW 50,50,000). The Plaintiff seeks confirmation of the absence of each excess.

B. As to the defendant in the accident of this case, 1/2 of the deceased's damages on the premise that the defendant was 60% of the negligence of the accident of this case (=2,005,976 Won 50,000,000 Won 50,000 won from lost earnings) was inherited by the defendant. Thus, the plaintiff succeeded to 191,002,988 won [=156,002,988 won from the defendant (the amount of inheritance 5,000 won).