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1. The Defendant’s each of the Plaintiffs KRW 251,780,951 as well as 5% per annum from January 10, 2014 to November 4, 2015.
Reasons
1. Occurrence of liability for damages;
A. Around 08:50 on January 10, 2014, the deceased C (hereinafter referred to as “the Deceased”) driven a three-lane road in front of the Jinsan apartment in Yangsan-si, Yangyangsan-si, along the bicycle, from the subway station in the southsan-si to the two-lane, along the two-lane road, and died because the said road goes beyond a two-lane cause and go ahead of the said two-lane road (hereinafter referred to as “seaing vehicle”).
(hereinafter referred to as the "accident of this case").
The plaintiffs are the parents of the deceased, who have succeeded to their property (1/2 of the shares in inheritance), and the defendant is the insurer who has concluded a comprehensive automobile insurance contract for the harming vehicles.
C. Since a driver of a sea-going vehicle went through a bicycle driven by the deceased, he is a person engaging in driving the motor vehicle, who is negligent in doing so in doing so while he was in a duty of care to live well, maintain safety distance, and prevent the accident, thereby causing the accident. Thus, the defendant is liable to compensate the plaintiffs for damages caused by the accident in this case.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, 6, and 12, and the purport of the whole pleadings
2. The defendant's liability shall be limited to 60% of the total damage by taking into account all the circumstances, such as the fact that the bicycle on which the deceased was on board appears not to be faced with a harming vehicle directly.
3. The facts below the scope of compensation for damages may be acknowledged under the dispute between the parties by taking into account the whole purport of the pleadings in each entry in Gap evidence Nos. 5, 7 through 11 (including the branch numbers if a dispute exists).
In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded.
The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.
In addition, the parties' arguments are not stated separately.