손해배상(자)
1. All appeals filed by the plaintiffs and the defendants are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
1. The reasoning of the court's explanation concerning this case is as follows, except for the following dismissal, the part concerning the reasoning of the judgment of the first instance is as stated in the part concerning the judgment of the first instance. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, pursuant to the main sentence of Article 420 of the Civil Procedure Act.
【The part of the judgment of the defendants as to the exemption. The defendants asserted that the defendants should be exempted from the responsibility, since the fact-finding of the final and conclusive criminal judgment of innocence is respected in the case of violation of the Act on Special Cases Concerning the Management of Traffic Disasters against the defendant D (Seoul Northern District Court Decision 2013Da331, Seoul Northern District Court Decision 2014No397, Seoul Northern District Court Decision 2014No397, the final and conclusive judgment of innocence is to be respected. Thus, the accident of this case is caused by the whole negligence of the deceased who left the cargo vehicle standing on the second lane
The main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his/her own sake shall be liable to compensate for the damage in cases where he/she has killed or injured another person due to the operation of the automobile, and the driver shall not be negligent in paying attention to the operation of the automobile: Provided, That this shall not apply in cases where a person who is not a passenger has died or injured, and he/she has proved that he/she or a third person other than his/her own or driver has not caused any defect or malfunction in the structure of the automobile, and that he/she has intentionally or negligently caused the death or injury of a third person due to the operation of the automobile, and that the same shall not apply in cases where he/she has proved that the driver has not neglected to pay attention to the operation of the automobile, and that there has been no defect or malfunction in the structure of the automobile."