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1. The Defendant: (a) from May 14, 2015, to Plaintiff A KRW 5,500,000, to Plaintiff B, C, and D respectively; and (b) from May 14, 2015.
Reasons
1. Facts of recognition;
A. On May 14, 2015, when the network E was driving a FMastobane around 16:08 on May 14, 2015, it goes against the I bus (hereinafter referred to as “brea vehicle”) that took the front of the “H” road located in Y in Macheon-si G at the Doncheon-dong post office located in the direction-dong Doncheon-si with a flow-to-face-to-face surface with a flow-to-face surface.
(hereinafter “instant accident”). (b)
On May 14, 2015, deceased on May 18, 2015, after suffering from injury, such as chest damage, etc., due to the instant accident.
C. On July 30, 2016, J, the driver of a marine driving vehicle, was indicted for violating the Act on Special Cases concerning the Settlement of Traffic Accidents and was sentenced to imprisonment without prison labor for eight months (Seoul District Court Decision 2015No2493), and appealed and was sentenced to suspension of execution for eight months in the first instance court on October 13, 2016, two years in suspension of execution, two years in the community service order of 280 hours, and an order to attend a law-abiding driving course of 40 hours (Gwanju District Court Decision 2016No2819), and the above judgment became final and conclusive on October 21, 2016.
The defendant is a mutual aid business operator who has entered into a mutual aid contract for a sea-going vehicle, and the plaintiffs are the children of the deceased.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Occurrence of and limitation on liability for damages;
A. According to the above facts of recognition of liability, the driver of a sea-going vehicle causes the accident in this case while neglecting his duty to reduce the speed of the sea-going vehicle and to accurately operate the steering and steering gear, while neglecting that duty. The defendant is liable to compensate the deceased and the plaintiffs for damages caused by the accident in this case as a mutual aid business operator who entered into a mutual aid agreement with a sea-going vehicle.
B. Limit of liability: Provided, however, the Defendant’s liability is limited to 30%, taking into account the fact that the Deceased’s failure to enter the intersection where no signal, etc. exists, and that it was an unlicensed condition at the time of the instant accident.
3. Scope of liability for damages
A. Funeral expenses: The plaintiff alleged that funeral expenses of KRW 9,533,500 were paid, but the Act on Family Rite Establishment and Support.