The defendant's KRW 41,845,000 for the plaintiff and its 5% per annum from September 27, 2016 to August 11, 2017, and the following.

On May 15, 2016, the Defendant: (a) caused the Deceased to fall and die on the road in front of the E-cafeteria located in Jung-gu, Jung-gu, Jung-gu, Seoul (hereinafter referred to as “the deceased”) at around 16:20, while he was under influence of alcohol without a license on May 15, 2016.

(A) Evidence Nos. 1 and 3, and the foregoing accident (hereinafter “instant accident”). The Plaintiff is a person entrusted by the Minister of Land, Infrastructure and Transport with the duties of compensation under Article 30(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”) pursuant to Article 45(1) of the same Act.

Pursuant to Article 30(1) of the Automobile Loss Act, the Plaintiff paid KRW 75,00,000 to the deceased’s heir as compensation for damages due to the instant accident, and KRW 53,00,000 to the deceased’s heir.

(A) In accordance with the establishment of liability, the Defendant is liable for the deceased’s damages pursuant to Article 3 of the Motor Vehicle Loss Act, and the Plaintiff may exercise in subrogation the deceased’s right to claim damages against the Defendant pursuant to Article 39(1) of the Motor Vehicle Loss Act.

However, in consideration of all circumstances, such as the deceased's condition of drinking, the defendant was aware of the fact that the deceased was drunk, and the defendant did not wear a safety mother, the defendant's responsibility is limited to 60%.

The Plaintiff asserts that there was a lost income for 36 months from the date of the accident to the deceased. However, the deceased had been over 61 years old at the time of his/her death, and had already set the general maximum working age, and there was no evidence that he/she had been engaged in income activities at the time of the instant accident, and thus, the damage from lost income cannot be acknowledged.

F: Funeral expenses of KRW 75,00 (Evidence A No. 4): funeral expenses of KRW 3,00,000: 40,000 (Death; the deceased’s negligence is considered). According to the theory of the lawsuit, the Defendant is obligated to pay to the deceased’s heir KRW 41,845,00 ( KRW 75,000 ( KRW 3,00,000) x 60% 40,000), and damages for delay.