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1. The Defendant: (a) to Plaintiff A, KRW 62,278,04, KRW 37,852,029, respectively, to Plaintiff B, C, D, and E; and (b) to the Plaintiff on December 14, 2016.
Reasons
1. Basic facts
A. On December 14, 2016, G driven a H-free car (hereinafter “instant vehicle”) under the influence of alcohol level of 0.088% at around 21:43 on December 14, 2016, G driven a two-lane crossing from the Jmat in the direction of Jmat, which is located in Jmat City I at Seopo City, in accordance with the vehicle progress signal, and passed the intersection by using two-lanes in the two-lanes, and immediately following the governance, G did not find the victim L, crossing the road from the right side of the direction of the instant vehicle to the right side of the direction of the intersection, and caused an accident (hereinafter “instant accident”).
After the accident of this case, L died due to cerebrovascular during transmission to the hospital.
B. Plaintiff A is the wife of the above L (hereinafter “the deceased”) and the remaining Plaintiffs are their children, and they are the inheritors of the deceased.
C. The Defendant is an insurer who entered into a comprehensive automobile insurance contract with M and the instant vehicle from July 25, 2016 to July 25, 2017 with respect to the insurance period.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1 to 30, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the above recognition of liability, since the deceased died due to the operation of the vehicle of this case, the defendant, as the insurer of the vehicle of this case, has the duty to compensate for the damages suffered by the deceased and his family members due to the accident of this case, unless there are special circumstances.
B. The limitation of liability, however, according to the evidence in the above, even though a crosswalk at night and where signal lights are installed as a private street crossing, the Deceased continued crossing of the vehicle, without due consideration of the movement of the vehicle that proceeds from crossing the crosswalks, without due consideration.
The deceased’s mistake also constitutes an accident of this case.