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1. The Defendant: (a) KRW 38,661,34; (b) KRW 21,107,556; and (c) KRW 21,107,556, respectively, to Plaintiff A and each of the said money.
Reasons
1. Occurrence of liability for damages;
A. 1) F is a G car at around 21:10 on June 5, 2015 (hereinafter “Defendant vehicle”).
) While driving a vehicle and driving a second-class highway in Yeonsu-gu Incheon Metropolitan City tideland along the third-lane from the Incheon Airport to the intersection, the vehicle stops on a three-lane road due to a breakdown at the point of 10.2 km from the Incheon Airport, and the H driver's I driver's vehicle (hereinafter referred to as "Plaintiff's vehicle") moving along the third-lane, caused the vehicle to conflict with the rear part of the Defendant's vehicle (hereinafter referred to as "the accident in this case").
2) On the ground of the instant accident, H died on the ground of blood plesy.
(hereinafter referred to as “H. 3”) The Plaintiff’s wife, Plaintiff B, and C are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with the Defendant with respect to the Defendant’s vehicle. The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1, 3, and 5, the video of the evidence No. 4, and the purport of the whole pleadings.
B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the Defendant vehicle, barring special circumstances.
C. Limit of liability: (a) there was an error by which the deceased did not perform his/her duty on the front time, and such error contributed to the occurrence of the instant accident and the expansion of damages; (b) thus, it shall be considered in calculating the amount of damages that the Defendant would compensate for; (c) as recognized by the video of the evidence No. 4, the Defendant’s vehicle used only the right direction light at the time of the instant accident and failed to exhibit emergency lights; and (d) the instant accident occurred at night, taking into account the circumstances such as the fact that the Deceased’s negligence was 50% and the Defendant’
2. The scope of liability for damages is below.