Text
1. The Defendant (Counterclaim Plaintiff) from July 30, 2016 to the Plaintiff (Counterclaim Defendant) respectively with respect to KRW 36,125,00 and each of the said amounts.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. At around 20:45 on July 30, 2016, D driven a E-car (hereinafter “Defendant-motor vehicle”) and proceeded along the four-lane road in front of the G store located in the Dongjak-gu Seoul Metropolitan Government F along the direction of credit in the intersection of the Navy Center at the intersection of the Navy Center. Around July 30, 2016, H crossing the right-hand side from the left-hand side of the Defendant’s vehicle with the fenced and Click part of the Defendant’s left-hand side.
(hereinafter “instant accident”).
B. Due to the instant accident, H (hereinafter “the deceased”) suffered from injuries, such as diversal trauma and divers, and died at around 22:31 on the same day.
C. The plaintiffs are children of the deceased, and the defendant is a mutual aid business operator who has concluded a mutual aid agreement with the defendant's vehicle.
【Ground of recognition】 In the absence of dispute, entry and video of the evidence Nos. 1, 2, 3, 3, 4, 7, 8, and 9 (including each number), a significant fact in this court, and the purport of the whole pleadings
2. The judgment of the court on the claim of the principal lawsuit / The grounds for recognition / The fact that there has been no dispute, Gap 1 through 6, Eul 1 through 4, 7, 8, 9 (including each number), each description and image of the evidence, significant facts in this court, and the purport of all pleadings
A. 1) According to the fact of recognition of liability as above, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident, barring any special circumstance. However, at the time of the instant accident, the Defendant’s vehicle was proceeding at a speed of about 30 km as soon as possible by observing the speed limit, while the Deceased was proceeding at a speed of about 30 km. On the other hand, the Deceased was crossinging the road across the eight-lane road without permission. The location where the instant accident occurred is near the three-lane, the location where the instant accident occurred is near the four-lane, and there was no crosswalk or signal, etc. at the location near the point where the accident occurred, and the time of the instant accident is night.