손해배상(자)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the occurrence of liability for damages
A. In this case, the plaintiff and the defendant have different arguments as to the circumstances of the occurrence of the accident. The circumstances of the accident in this case, which can be recognized by the purport of Gap evidence Nos. 4, Eul evidence Nos. 1 through 11 and all pleadings, are as follows.
(1) On November 11, 2012, B driving a C vehicle (hereinafter “Defendant vehicle”) around 09:50 on November 11, 2012, and driving a four-lane of the cities located in the Johnnam-dong in the Sihung-dong in the city of Sihung-si, the point outside Seoul Metropolitan 106.8 km from the direction of the street direction.
The plaintiff was driving a D vehicle at the same temporary border and was proceeding along the three-lanes of the above road.
(2) The Plaintiff attempted to enter the Western Highway as a quarterly point in order to proceed with the breath room. The Plaintiff was rapidly changing the fleet from three lanes to four lanes due to the discovery of the quarterly point, and in the process, the Defendant’s vehicle was shocked into the rear part of the Plaintiff’s driver’s vehicle. Accordingly, the Plaintiff suffered injury, such as brain-dead, etc.
(hereinafter “instant accident”). (3) At the time of the instant accident, the lower surface was milched, and the Defendant’s driver was under the influence of 0.058%.
(4) The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.
B. The defendant's assertion and judgment sought damages for the injury suffered by the plaintiff due to the accident of this case, the defendant asserts that the accident of this case occurred due to the plaintiff's sudden change, and that the driver of this case shall not be deemed to have any negligence and thus be exempted from liability.
According to the circumstances of the above accident, the accident of this case is difficult to see that there was any negligence on the driver of the defendant vehicle, since the accident of this case is caused by changing the car of this case from the close distance without well examining the defendant vehicle that is proceeding in the direction of the change of the plaintiff.