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1. The defendant shall pay to the plaintiff A 235,389,028 won, 231,139,028 won to the plaintiff B, and 2,000,000 won to the plaintiff C and this.
Reasons
1. Facts of recognition;
A. At around 02:37 on October 9, 2016, D driven the E Soyna-si (hereinafter referred to as “Gamn-si”), D, while driving a G cafeteria in front of the G cafeteria located in Busan Jung-gu at the intersection of repair to three-lanes from the intersection of repair to the intersection of the intersection, D was found to have been in violation of the direction of the network H without permission, which flowed off the part of the Don H (hereinafter referred to as “the network”) at the site of the construction site near the G cafeteria at the site of the construction site.
(hereinafter “instant traffic accident”). (b)
In 04:50 on the same day, the deceased died due to cerebral cerebral tymosis.
C. The plaintiff A and B are the parents of the deceased, and the plaintiff C are those of the deceased, and the defendant is the mutual aid business operator of the damage vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 13, 14, Eul evidence 1 and 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the above recognition of liability and the above evidence, the traffic accident in this case occurred by negligence on the part of the harming vehicle while performing the duty of ex officio care. Thus, the defendant is liable to compensate for the damages suffered by the plaintiffs, who are the deceased and their family members, due to the traffic accident in this case, as the mutual aid business operator of the harming vehicle, unless there are special circumstances.
B. The limitation of liability is limited, however, by negligence, on the deceased, who illegally crosses a place other than the crosswalk at the new wall time, and such negligence is also recognized as the cause of the instant traffic accident and the expansion of damage.
Accordingly, at the time of the instant traffic accident, the Deceased was suffering from a yellow twits, and the location of the accident was approximately about 26 meters away from the crosswalk (in the crosswalk, the pedestrian signal) and confirmed whether the Deceased was a vehicle in the direction of proceeding while crossing without permission, it was illegal an intern on the opposite lane.