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1. The defendant shall pay to the plaintiff A KRW 125,037,201, the plaintiff B and C respectively, and KRW 3,000,000, respectively.
Reasons
1. Basic facts
A. At around 18:20 on August 22, 2012, E: (a) driven by the Defendant’s comprehensive motor vehicle insurance for FF 2 freezings (hereinafter referred to as “diver vehicle”); and (b) died on August 22, 2012, on the part of the Defendant’s failure to properly examine the front side in moving off the intersection of the front distance from the Gamambaebbben from the northwest-gu, Ulsan to the open side of the industry; (c) caused the shock of the network (H) crossinging the road to the left side from the right side of the direction at approximately 10 meters ahead of the direction at the crosswalk (hereinafter referred to as the “accident”); and (d) the Deceased died on August 19:05 on August 22, 2012.
B. The road situation at the point of the instant accident is one-lane road where only the road will proceed bypassing a sea-going vehicle, and the remaining three-way roads are the side road of a house with no median line.
In addition, the delivery is divided into a height of 20 cm on the right side of the running direction of the Maritime Vehicle, and the 110 cm height is formed at the edge of India.
C. Plaintiff A and D are the parents, Plaintiff B and C of the Deceased.
E deposited KRW 30 million as criminal agreement amount in the course of the investigation or criminal trial due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 10, Eul evidence No. 1 (including additional numbers) or video, the result of the on-site inspection by this court, the purport of the whole pleadings
2. Occurrence of and limitation on liability for damages;
A. According to the above facts of recognition of liability, it is determined that the driver of a sea-going vehicle was negligent in neglecting his/her duty of care, such as a power failure, required in driving the road adjacent to the crosswalk where the house is located. Accordingly, the defendant is liable to compensate the deceased and the plaintiffs for the damages suffered.
(b) limitation of liability, provided that the Defendant’s liability is limited to 85 per cent in consideration of the fact that an accident occurred at a point beyond the crosswalk, and the structure of the road.