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1. The Defendant’s respective KRW 176,052,478 against each of the Plaintiffs and 5% per annum from April 17, 2015 to January 20, 2017.
Reasons
1. Occurrence of liability for damages;
A. The Plaintiffs are parents of the net C (hereinafter “the deceased”) who died due to the following accidents, who are the deceased’s successors, and the Defendant is the insurer of D 4.5 tons of cargo vehicles (hereinafter “Defendant vehicles”).
On April 17, 2015, the Deceased driven the E-Vehicle on April 11, 2015, and driven along the three-lanes from the Busan At the port of Busan, the Deceased stopped the FSP vehicle in order to find out more than 74.6km running ahead of it at a point of 74.6km in the right direction and stop the vehicle in order to help the driver of the said SPP vehicle.
망인은 비상깜빡이를 켠 후 차량에서 내려 스파크 차량 운전자에게 다가가 상황을 확인한 후 망인 차량으로 돌아와 트렁크를 열고 안전조치를 취하려고 하였는데, 뒤에서 오던 피고 차량의 운전자 G이 망인을 뒤늦게 발견하고 오른쪽으로 피하려고 핸들을 조작하였으나 마침 갓길쪽으로 피하던 망인을 피고 차량 앞부분으로 충격하였고, 망인은 그 자리에서 사망하였다
(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1, 2, 4, and 6 (including branch numbers), the purport of the entire pleadings.
B. According to the above fact of recognition of liability for damages, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.
The defendant asserts that as the driver of the defendant's vehicle could not be viewed as having a duty of care to prevent the accident in advance by predicting the crossing of the deceased on the expressway on the exclusive road, the defendant does not bear the liability for damages caused by
However, according to the above evidence, the location of the accident in this case leads to the straight line from about 200 meters of the 4-lanes (R: approximately 200 meters). At the time of the accident, the visual disability factor is a clear 1:0 am on the 11:0 am.