beta
Text
1. The defendant shall pay to the plaintiff A KRW 58,941,208, and KRW 37,794,138, respectively, and shall commence on November 2, 2016.
Reasons
1. Basic facts
A. At around 07:50 on November 2, 2016, E (hereinafter referred to as “the network”) driven a Flue vehicle and driven a two-lane of the Flue Road at the right angle in the direction of Seoul in the direction of the right angle, and as seen in the “accident site map” in the attached Form, E (hereinafter referred to as “accident site map”) changed the course to a three-lane and changed to a four-lane and changed to a four-lane, and then changed to a three-lane in order to avoid a conflict with the latter driving vehicle.
그 과정에서 망인의 차량은 중심을 잃고 우측 갓길쪽으로 진행되었고, 이어 우측 가드레일을 연달아 충격한 후 전복되면서 갓길과 4차로상에 정차하였고, 망인은 차량 밖으로 튕겨 나가 3차로와 4차로에 걸쳐 누워 있는 상태가 되었다
(hereinafter “Prior Accident”). B.
G driven a H Cargo Vehicle (hereinafter “Defendant Vehicle”) at the time of the instant preceding accident, and driven the three-lanes of the said road. However, while moving to a four-lane to stop on the side after reducing the speed of the Defendant Vehicle to witness the occurrence of the instant preceding accident and to assist in the management of the accident, G did not discover the deceased who was used on the road on the side (hereinafter “instant accident”). As a result, the Deceased died of brain damage on the spot.
C. The Plaintiff A’s wife and the rest of the Plaintiffs are the deceased’s children, and the Defendant is the insurer of the automobile comprehensive insurance purchased by the Defendant’s vehicle.
On the other hand, G was prosecuted for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death) due to the occurrence of the instant accident, and during that process, G paid 30 million won to the bereaved family members of the deceased as criminal agreement.
[Ground of recognition] The non-contentious facts, Gap evidence 1 through 10 (including each number, hereinafter the same shall apply), Eul evidence 1 to 2, or the purport of the whole pleadings.