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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. The deceased E (hereinafter “the deceased”) is a person working in “G” operated by F, while the Plaintiff’s wife, Plaintiff B, C, and D are children of each deceased.
B. On March 21, 2014, the Defendant is an insurer who entered into a comprehensive automobile insurance contract with the above F and H trucks (hereinafter “instant vehicle”).
C. On October 31, 2014, at around 15:35, the Deceased moved the instant vehicle driven by I along the instant vehicle, along the two-lanes along the direction of 216.5km in the direction of the Yannan Seosan Seogsan Highway (hereinafter “instant accident”) and the said vehicle was dissured into a burging way, and the said vehicle was returned beyond the burging day (hereinafter “instant accident”), and accordingly, died on November 1, 2014.
[Ground of recognition] 1 through 3, 8, 2, 5 (including each number; hereinafter the same shall apply) of Gap evidence 1 through 3, 8, 2 and 5, and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the fact of recognition of liability, the Defendant, the insurer of the automobile comprehensive insurance for the instant vehicle, barring any special circumstance, is liable to compensate the Plaintiffs, who are the deceased’s heir, for the damages suffered by the deceased and the plaintiffs due to the instant accident.
B. The limitation of liability 1) If an operator of a vehicle provides a passenger on board for the convenience and interest of the passenger on board without any consideration, and the passenger is also provided for the convenience and interest of the passenger on board, and if it is deemed that it is very unreasonable in light of the purpose of operation, personal relations with the passenger on board, the personal relationship with the passenger on board, and all circumstances, such as the situation in which the victim took the vehicle on board the vehicle, it is deemed that the perpetrator is liable for the same as a general traffic accident, the amount of compensation may be reduced (see, e.g., Supreme Court Decisions 87Meu1090, Jan. 31, 1989; 26, Dec. 26, 2000).