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1. The Defendant: (a) KRW 23,989,49 for each of the Plaintiffs; and (b) 5% per annum from January 22, 2016 to January 24, 2017; and (c).
Reasons
1. Basic facts
A. At around 18:00 on January 22, 2016, D, using G bus (hereinafter “Defendant vehicle”) in front of the FF in Gyeong-si, Gyeong-si, Gyeong-do, G H (hereinafter “the network”) with the impact of the network H (hereinafter “the network”) during which one-lane of the said road was crossing, while driving directly from the four-distance distance in the central market to the front side of the road. (hereinafter “the instant accident”). Around January 24, 2016, D caused the death of a brain-type due to credit.
B. The plaintiffs are all children of the deceased, and the defendant is a person who has concluded a mutual aid agreement on the defendant's vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, Gap evidence 5, the purport of the whole pleadings
2. According to the facts of recognition of the above liability for damages, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members due to the accident in this case, as a mutual aid business operator of defendant vehicle.
3. Scope of liability for damages;
A. The limitation of liability: According to the description and image of Gap evidence No. 8, it is recognized that the deceased was able to use a crosswalk 100 meters away from the location of the accident in this case, and caused the accident in this case while crossinging the fourth line road without permission. It is reasonable to limit the defendant's liability to 70% by taking account of the negligence of the deceased.
(b) Funeral expenses: 3,500,000 won (the record of Gap evidence No. 10 submitted by the plaintiff alone is insufficient to recognize that the plaintiffs paid KRW 7,00,070 as funeral expenses, and there is no other evidence to recognize otherwise, but the funeral expenses shall be calculated by multiplying the amount of funeral expenses by 70% of the defendant's liability ratio of KRW 5,00,000, which is within the scope of socially reasonable amount of the funeral expenses.)
C. The deceased, without using a crosswalk, cross-road without permission, was caused by the instant accident. In addition, the occurrence and result of the instant accident, such as the deceased’s age and relationship with the plaintiffs.