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1. The Defendant: 48,959,853 won to Plaintiff A; 3,00,000 won to Plaintiff B; and 1,200,000 won to Plaintiff C and each of the said money.
Reasons
1. Facts of recognition;
A. The Plaintiff’s position 1) centered on Plaintiff A, Plaintiff B, and Plaintiff C are children. 2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with D on the E-car quantity owned by D (hereinafter “instant accident vehicle”).
B. At around 15:20 on December 2, 2012, D’s occurrence of a traffic accident: (a) while driving the instant accident vehicle and stopping it on the two-lanes around the national highway 2 line near the Jinseong-si, Jin-si, Jin-si, Jin-si; (b) neglected to maintain the safety distance and to stop on the front side of the instant accident vehicle; (c) caused the Plaintiff’s injury to A’s vehicle due to the negligence of neglecting to maintain the safety distance; and (d) caused the Plaintiff’s failure to avoid driving on the front side of the instant accident vehicle (hereinafter “victim”); and (d) failed to avoid driving on the upper side of the damaged vehicle by shocking the left side part of the damaged vehicle.
(hereinafter referred to as “instant traffic accident”). [The grounds for recognition] The fact that there is no dispute, Gap’s evidence Nos. 1, 2, 3-1, 2-2, and Eul’s evidence No. 1-1 through 4, and the purport of the whole pleadings.
2. Establishment of liability for damages;
A. 1) According to the above facts, the defendant suffered injury by the plaintiff A due to the instant traffic accident caused by negligence that D neglected to maintain a safe distance and take the front place, and thus, the defendant is liable for compensating for the damages suffered by the plaintiffs due to the instant traffic accident as the insurer of the instant vehicle involved. 2) As to this, the defendant could not have predicted the occurrence of the prior accident and could not avoid the damaged vehicle parked on the second lane after the prior accident. Thus, the instant traffic accident is inevitable, and thus, the defendant is not liable for compensating for the damages caused by the instant traffic accident. However, according to the above facts, the traffic accident of this case is viewed as force majeure.