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1. The Defendant shall pay to the Plaintiff A KRW 1,105,83,484, and KRW 20,000,000 to the Plaintiff B, and KRW 7,00,000 to the Plaintiff C, respectively.
Reasons
1. Basic facts
A. On October 29, 2014, E driven a F No. 10:30 on October 29, 2014, while driving a car (hereinafter referred to as “Defendant vehicle”) and driving a second line of the F No. 1 in the vicinity of the new village located in the west-ri, west-ri, west-ri, Yangsan-si in Yangsan-si, into the original road from the water-Eup bank, and driving a mobile phone more than the center line and driving a bicycle on the opposite lane due to the negligence of driving a bicycle on the opposite lane, and caused the Plaintiff’s injury that it is impossible for the Plaintiff to perform an independent motor vehicle as the front part of the Defendant vehicle.
(hereinafter “instant accident”). (b)
Plaintiff
B The wife of Plaintiff A and Plaintiff C are children of Plaintiff A, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings
2. The instant accident occurred due to the negligence that Defendant E, the driver of the vehicle, driven the center line over the cell phone, and thus, the Defendant, the insurer of the Defendant vehicle, is liable to compensate the Plaintiffs for the damages caused by the instant accident.
The Defendant asserts that the negligence of the Plaintiff A should be taken into account as it did not fulfill the duty of care even in preparation for a dangerous situation in driving of a bicycle as the Plaintiff, but the Plaintiff’s driver who operates the road on which the central line is installed along his own car line, namely, the following circumstances that can be acknowledged by comprehensively considering the overall purport of the pleadings, namely, the driver who operates the road on which the central line is installed, with his own car line, trust that the vehicle would be operated in compliance with his own car line. Thus, unless there is any special circumstance that could anticipate the abnormal operation of the other party vehicle, the other party should drive the road even if the other party gets into collision with the central line.