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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.
Reasons
At around 03:55 on August 15, 2014, C is liable to compensate for damages, driving a D Mteti vehicle (hereinafter referred to as "Defendant vehicle") and driving a three-lane road in front of the long distance of both viewing in the two weeks, which is located in 1548 due to the interest of both weeks, along the two-lanes.
C Accessed to the intersection after the traffic signal from the sloping to the intersection was changed from green to yellow color, and the front part of the Fpoter vehicle of the network E (hereinafter referred to as “the network”) which was directly engaged in according to the progress signal from the sloping side to the same sloping side was shocked into the right side of the Defendant vehicle.
(hereinafter “instant accident”). On August 20, 2014, the Deceased died due to the instant accident, such as a multi-presidential organ, etc. at G Hospital around 22:18.
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.
[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 5 (including each number if there is a serial number), and the fact that the purport of the whole pleadings was established, the deceased died due to the negligence of C, which is the driver of the defendant vehicle, and the defendant, who is the insurer of the above vehicle, is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case.
The Defendant asserts that the limitation of liability is the deceased at the time of the instant accident, even if he had a duty of care, such as taking care of the state of the driving of the Defendant’s vehicle that had already entered the intersection and is taking place, and thereby, contributed to the occurrence of the instant accident, and thus, the deceased should also be recognized as a considerable fault.
As to this, the plaintiffs are transferred to C in violation of the signal signal at the intersection where traffic control is performed.