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1. As to the Plaintiffs’ KRW 116,551,421 among each of the KRW 118,51,421 and each of the said KRW 116,51,421, the Defendant shall start from July 12, 2018, and 2,00.
Reasons
1. Occurrence of liability for damages;
A. On July 12, 2018, D driven a vehicle E (hereinafter “Defendant vehicle”) on July 13:32, 2018, while driving the vehicle, and driving the intersection in which the yellow signal, etc. in front of the G convenience point in Busan East-gu is on the right side of the road from the intersection to the East-gu Office, the part of the H’s bicycle right side of the H’s bicycle driving, facing the two-lane road from the left side of the direction, was shocked into the front side of the Defendant vehicle, and driving the vehicle to the above Defendant vehicle with the bicycle and driving 10 meters away (hereinafter “instant accident”). Accordingly, H died due to the same day as the Dactic damage.
(2) The Plaintiffs are children of H, and the Defendant is the insurer that entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1-1, 1-2, 2-5, and 3, and the purport of the whole pleadings
B. According to the above fact of recognition of liability, the instant accident occurred due to D’s failure to perform its duty of care, such as operation of the brake system immediately after discovering or shocking vehicles entering the intersection by driving a one-way road and entering the intersection with on-and-off signal such as yellow signal.
Therefore, the defendant, who is the insurer of the defendant's vehicle, is liable for the damages suffered by the plaintiffs who are H and their inheritors due to the accident of this case.
C. The limitation H also operated a bicycle without a safety device to enter the intersection where yellow signal, etc. is on-and-off and off-off, thereby contributing to the occurrence of the instant accident and the expansion of damages. Therefore, it is reasonable to limit the defendant's responsibility to 80% in light of the circumstances of the accident.
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