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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On December 3, 2016, J driving a 1 ton cargo vehicle (hereinafter “instant vehicle”) around 12:25, 2016, while driving a 1 ton cargo vehicle, the K-motor vehicle (hereinafter “the instant two-wheeled vehicle”) for driving the network H (hereinafter “the instant two-wheeled vehicle”) (hereinafter “the instant two-wheeled vehicle”), which was directly directed to the right side from the right side of the moving direction to the private village in front of the G Inyang-si, the vehicle would go beyond the instant two-wheeled part of the driver’s seat of the instant vehicle (hereinafter “the instant accident”), and caused the death of the deceased on December 4, 2016, while treating the vehicle at L Hospital.
B. The plaintiff E is the deceased's spouse, the plaintiff A, B, C, and D as their children, and the defendant is the insurer who entered into a comprehensive automobile insurance contract on the instant motor vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 9, Eul evidence No. 7, the purport of the whole pleadings
2. The accident scene of this case where liability for damages occurred and liability is limited is an intersection without a traffic signal and where traffic is not controlled. Thus, the J, who is engaged in driving a motor vehicle, has a duty of care to temporarily stop by checking the intersection, the right and the right before and after entering the intersection, or to safely pass the intersection by the slowly, failing to do so, shall enter the intersection and enter the two-wheeled motor vehicle of this case, the deceased's driver, who is right and right in the left side of the course of the course of the traffic, causing the deceased's death. The defendant, as the insurer of the motor vehicle of this case, is liable for compensation for the damages suffered by the plaintiffs who are the deceased and their inheritors under Article 724 (2) of the Commercial Act.
However, the instant accident place is an intersection with frequent traffic of vehicles, and the vehicle operated by the deceased who drives the instant two-wheeled vehicle as the deceased.