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1. As to the Plaintiff A’s KRW 98,190,520, Plaintiff B, C, and D, respectively, and each of the said KRW 63,793,680 on September 12, 2017.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition (1) around 23:10 on September 8, 2017, F driven the Busan G si (hereinafter “Defendant vehicle”) and driven the three-lanes on September 9, 2017, one of five-lanes in front of the IF point in H of the Busan thought-gu, facing the J which opened the crosswalk to the right side of the instant vehicle from the left side of the instant vehicle (hereinafter “instant accident.” At the time of the instant accident, F was killed on September 9, 2017, following the instant accident.
(2) The Plaintiff A is the deceased’s wife, and the Plaintiff B, C, and D are the deceased’s children, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to the Defendant’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2-2, Eul evidence Nos. 2-6, 2-7, 2-9, 2-17, and 5, or the purport of the whole pleadings
B. According to the above fact of recognition of liability, the instant accident occurred due to the F’s failure to perform its duty of prior settlement.
Therefore, the defendant, who is the mutual aid business operator of the defendant vehicle, is liable for the damages suffered by the plaintiffs who are the deceased and their inheritors due to the accident of this case.
C. It is reasonable to limit the Defendant’s liability to 50% in light of the circumstances surrounding the instant accident, such as the fact that, at around 11:00, the Deceased continued to proceed with the crosswalk at the time of on-and-off warning for pedestrian green signal, and continued to have been changed to pedestrian red signal near the median line, and became shocked with the Defendant’s vehicle.
2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;
The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.
It shall be rejected that the parties' arguments are not separately explained.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 3-1, 7-2, 8, and Eul No. 1.