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1. The Defendants jointly and severally against the Plaintiff A, KRW 94,679,790, and KRW 60,619,790, and each of the said money.
Reasons
1. Occurrence of liability for damages;
A. On January 7, 2014, Defendant D: (a) driven the Egyst (hereinafter “instant vehicle”); (b) driven by the Egyst (hereinafter “instant vehicle”); (c) driven by the Egyst (hereinafter “Defendant D”); (d) caused the death of the deceased in excess of 114 km from the front line of the instant passenger vehicle by failing to perform his/her duty of care to temporarily stop in the vicinity of the vehicle involved in the accident, or to safely check the front line and drive the said vehicle; and (d) caused the death of the deceased in excess of the front line of the said passenger vehicle by failing to perform his/her duty of care to safely check the front line of the said vehicle; and (e) failing to perform his/her duty of care to safely drive the vehicle, the victim crossing the road from the first lane to the second lane to the front line of the said passenger vehicle.
(hereinafter “instant accident”). The Plaintiff’s spouse, Plaintiff B, and C are children of the Deceased, and Defendant Samsung Fire Marine Insurance Co., Ltd is an insurer who entered into an insurance contract for the instant vehicle with Defendant Samsung Trenk.
[Ground of recognition] Facts without dispute, Gap evidence 1, 12, Eul evidence 1 and 2, and the purport of the whole pleadings
B. Defendant D and U.S. Co., Ltd are operators of the instant vehicle, and Defendant Samsung Fire Marine Insurance Co., Ltd, as insurers of the instant vehicle, are jointly and severally liable to compensate the Plaintiffs for damages arising from the instant accident caused by Defendant D’s failure to perform the duty of safe driving.
C. On the other hand, the instant accident is an accident that meets the deceased crossing the expressway at night, and even though the accident was stopped due to the preceding accident, it was not easy to promptly detect the accident vehicle, and the deceased who opened a chief door and projects.