Text
The Defendants jointly share KRW 29,63,480 with the Plaintiff and 5% per annum from May 21, 2016 to September 28, 2016.
Reasons
On March 16, 2016, Defendant A, while driving a B vehicle under the influence of alcohol on March 23:10, 2016 and driving a three-lane of a road in front of the DNA Oil Station in Isan-si C, and escaped after shocking the network E (hereinafter “the network”). The Deceased died of the foregoing accident (hereinafter “instant accident”).
(Evidence A Nos. 1 and 7). The plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (including a special agreement on warranty against non-life insurance) with respect to F vehicles.
(No. 6). On May 20, 2016, the Plaintiff paid KRW 129,663,480 as insurance money with respect to the network E in accordance with the foregoing non-insurance injury security agreement.
(A) The defendant A was sentenced to two years and six months from November 25, 2016 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles) and the violation of the Road Traffic Act under the instant accident.
(B) The Defendant A is liable for damages incurred by the Deceased due to the instant accident pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act, and the Plaintiff is entitled to obtain the damage compensation claim against the Defendant A to the extent that he/she has paid the insurance money pursuant to Article 34 of the Insurance Terms and Conditions.
(A) No. 9. The location of the instant accident is four-lane roads (Evidence A 1) where the victim has driven the crosswalk while under the influence of Defendant A while under the influence of Defendant A, while driving the crosswalk (Evidence B 2) in the state of pedestrian signal signaling, and the responsibility of Defendant A is limited to 60% by comprehensively taking into account the following factors: (a) the victim has escaped without providing relief to the victim after the accident; and (b) the victim has escaped.
Since there is no express dispute within the scope of the Plaintiff’s liability for damages, it is reasonable to view that the victim suffered damages of KRW 216,105,807 in the instant accident, including the sum of KRW 168,105,807 in daily income, KRW 45,00 in solatium, and funeral expenses KRW 3,00,00 in accordance with the details of calculation of the agreed amount.
(A) Accordingly, Defendant A shall be subject to the instant provision.