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1. The Defendant’s KRW 30,347,080 as well as the annual rate of KRW 5% from April 3, 2015 to October 2, 2015 to the Plaintiff.
Reasons
1. Occurrence of liability for damages;
A. A. On November 14, 2014, at around 15:42, while under the influence of alcohol by 0.051%, B driven a motor vehicle with a blood alcohol content of 0.051% (hereinafter “Defendant vehicle”) and driven the front side of the road located D in Kimhae-si along the two-lane distance from the side to the side of the side of the two-lane, and left the parking lot to the left. In such a case, the driver was obliged to verify whether the parking lot passes the parking lot, and to safely drive the parking lot, despite the occupational duty to check whether there is any person who passes the parking lot and drive the parking lot, the driver stopped the F, which passed the parking lot access road to the port from the right side of the front direction of the Defendant vehicle by failing to comply with the driver’s duty of alcohol and the left side of the parking lot to the port side of the front side of the vehicle, and failed to stop beyond the victim’s order in sequence and without taking necessary measures, such as getting out the direction of the victim.
(hereinafter “instant accident”). The F was treated at Samsung Changwon Hospital on November 14, 2014, and died from a low-quality shock due to multi-lateral trauma on November 14, 2014.
(hereinafter “F”. The Plaintiff is a spouse in a de facto marital relationship with the Deceased from around 1986, and the Defendant is the insurer of the Defendant vehicle.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
B. According to the above facts of recognition, the defendant is responsible for compensating the plaintiff for the damages caused by the accident of this case.
C. The limitation of liability is limited, however, since the Deceased was an access road to the parking lot, there was a duty of care to avoid an accident by examining well the left and right of the vehicle on the parking lot, but there was negligence on the part of the Deceased, and such negligence on the part of the Deceased caused the instant accident.