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1. The defendant,
A. From June 1, 2014, Plaintiff A 105,368,130 won and its related thereto:
B. Plaintiff B shall be KRW 180,368,130, and
Reasons
1. Facts of recognition;
A. At around 16:50 on May 31, 2014, C driven a D Private Taxi (hereinafter “instant vehicle”) and turn to the left from the right angle to the funeral hall at a speed from the right angle to the left turn before the funeral hall located in the front of the Franchi City in Chungcheongnam-nam City, ASEAN, and the G (hereinafter “the instant accident”) died on the spot due to the instant accident.
B. The deceased’s heir is the wife I and the Plaintiffs, their parents, and the Defendant is the mutual aid business operator who entered into a mutual aid agreement with respect to the instant vehicle.
C. Meanwhile, Plaintiff B filed a petition for an adjudication on the division of inherited property (Seoul District Court Decision 2014Dhap5006) with the deceased’s wife I, and the conciliation of “the Plaintiff B transferred KRW 75,000,000, out of the claim for damages due to the instant accident from Plaintiff I and waived the remainder of the claim for division of inherited property.” On April 15, 2015, Plaintiff B notified the Defendant of the assignment of claims according to the instant conciliation.
(Ground for recognition: Facts without dispute, entry of Gap evidence 1 through 3, 8, and 9 (including each number; hereinafter the same shall apply), the result of this court's black stay verification, the purport of the whole pleadings.
2. Occurrence of liability for damages;
A. According to the above recognition of liability, C neglected to turn to the left at the section without protection and caused the instant accident by negligence by failing to turn to the left at the left. Thus, the Defendant, who is the mutual aid business of the instant vehicle, is liable to compensate for the damages therefrom.
B. Limit of liability, however, according to the description of Eul No. 2 and the result of this Court's black stay verification, the deceased does not pay attention to whether there is a vehicle crossing the road at a very rapid speed where yellow lights turn on without signal lights to the deceased at the time of the instant accident.