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1. The Defendants jointly and severally against the Plaintiff A, KRW 50,316,477, and KRW 34,544,318, respectively, and each of the said money.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition 1) Defendant D’s Damcom (hereinafter “Defendant”) around April 22, 2016, around 35:35, 2016
) While driving a vehicle and driving a vehicle at the G store located in the Dongjak-gu Seoul Metropolitan Government F, one-lane of the two-lanes in front of the G store in front of the new elementary school, the road in front of the road in front of the direction of the vehicle at a speed of about 40 to 50km by the vehicle green signal, the road in front of the direction of the road at a speed of about 40 to 50km by the vehicle green signal is not found due to the negligence that neglected the driver’s duty of front-down to the port from the direction of the vehicle to the left side of the road without the driver’s red signal, and the part of the road above the left side of the vehicle of the Defendant (hereinafter “instant accident”).
2) On April 10, 2016, H died of the instant accident due to an acute hiverosis around 02:30, 2016.
(hereinafter referred to as “H. 3”) Plaintiff A is the deceased’s wife, Plaintiff B, and C. The deceased’s children. The Defendant Han C Co., Ltd., Ltd. (hereinafter referred to as “Defendant Han Lan Policy”).
A) is an insurer which has entered into an automobile comprehensive insurance contract with the Defendant vehicle (the fact that there is no dispute over the grounds for recognition, Gap evidence 1 through 3, Gap evidence 8-3 through 5, 16, Gap evidence 7, Gap evidence 8-7, 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, Defendant D as the driver of the Defendant vehicle, barring any special circumstance, is jointly and severally liable for the damage suffered by the deceased and the Plaintiffs due to the instant accident as the insurer of the Defendant vehicle.
C. The limitation of liability is limited, as seen earlier, by failing to cross the two-lane road near the three-lane intersection in violation of pedestrian safety at night, and such errors by the deceased are likely to cause the instant accident and to expand damage.