1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Basic facts

A. A. Around 11:00 on February 16, 2016, the network E (hereinafter “the network”) crossings the three-lane road in front of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government G, and was caused by a traffic accident involving H driver’s chartered bus (F New Franchiseers; hereinafter “the instant chartered bus”) that was driven in one lane in the direction of J in the I Station from the I Station. Accordingly, on February 19, 2016, the network E (hereinafter “the network”) died on the ground of the brain escape certificate due to the cerebral cerebral cerebral sis.

(hereinafter “instant traffic accident”). (b)

As the co-inheritors of the deceased, there are the designated person A and the plaintiff, the designated person B, and C, who are the spouse, and the defendant is the mutual aid business operator who entered into a comprehensive motor vehicle mutual aid agreement on the chartered bus.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, and 3, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. In the event of the instant traffic accident, Plaintiff A spent not less than KRW 5,000,00 as funeral expenses (affirmative damages). Meanwhile, the deceased should receive consolation money of KRW 50,000,000 for mental damage caused by the said accident, and KRW 20,000 for the deceased, and KRW 20,000 for the designated spouse A, and KRW 10,000 for the Plaintiff, Appointers B, and C, who are children, respectively.

Therefore, the Defendant, which entered into a mutual aid agreement on the chartered bus of this case, is obligated to pay the Selection A KRW 41,667 (Funeral expenses of KRW 5,00,000,000 for funeral expenses of KRW 20,66,667 for the deceased’s portion of inheritance of consolation money of KRW 16,66,67 for the deceased), respectively, to the Plaintiff, Selection B, and C, and to pay damages for delay.

B. The Defendant’s instant traffic accident is solely caused by the deceased’s unauthorized crossing, and there is no negligence of H, who is the driver of the instant chartered bus, and there is no damage sea liability of the Defendant.

Even if not, the occurrence of the instant traffic accident and the consequences thereof should be reflected in the deceased’s negligence, and the Defendant’s payment of medical expenses, etc. should also be reflected in KRW 15,067,980.