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1. The Defendant: (a) KRW 64,481,94, respectively, and KRW 5% per annum from July 28, 2015 to August 24, 2016, respectively, to the Plaintiffs.
Reasons
1. Occurrence of liability for damages;
A. At around 16:40 on July 28, 2015, C driven a D freight vehicle and proceeded at about 101km from the north-west side of the Nanyang-gun to Gwangju at a speed of 101km. E driven a bicycle, driven by the bicycle to run ahead of it to C in the roadside area of the running direction of C among the above roads, and entered the two lanes, and changed the two lanes into the two lanes. While C discovered and immediately operated the brake system, it received the above bicycle from the front part of the above cargo vehicle, and caused E to die, such as a crym crym, etc. (hereinafter “instant accident”).
(2) The Defendant is an insurer who entered into a comprehensive insurance contract regarding the foregoing cargo vehicle.
3) The plaintiffs are E's own forms [based for recognition] without dispute, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 1 and 1 and 3 (each of the entries, images, and arguments including each number), the purport of the whole pleadings.
B. According to the above acknowledged facts, the defendant is liable for damages caused by the accident of this case to E and the plaintiffs pursuant to Article 724 of the Commercial Act.
C. The limitation of liability is found to have been negligent after checking the safety of the lane to be changed in the course of changing the lane on a bicycle, and C has been negligent in neglecting it, and C has caused the instant accident while driving in excess of 80km/h with a limited speed exceeding 80km/10km/h, and thus the Defendant’s responsibility is limited to 70%.
E has died due to cage cage cages, etc., so safety hair use has no causal relationship with death.
2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.
The amount of damages shall be calculated at the rate of 5/12 per month and the interim interest shall be deducted.