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(영문) 창원지방법원진주지원 2017.06.01 2016가단34577

손해배상(자)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. C, around 08:30 on September 3, 2015, driving a D vehicle (hereinafter “Defendant vehicle”) and driving two-lanes from the Hando road in front of the F in Busan Seo-gu, Busan (hereinafter “Defendant vehicle”) to the Hando intersection.

The network G driven a HOba (hereinafter referred to as “Plaintiff Oba”) in the same direction, and accessed the right side of the Defendant’s vehicle behind the Defendant’s vehicle.

Since then, the plaintiff Otoba went beyond the road and came to go beyond the road like the network G, and the latter wheels of the defendant's vehicle was over the network G, and the deceased of the network G.

(hereinafter “instant accident”). B.

Plaintiff

A is the spouse of the network G, the plaintiff B is the child of the network G.

C. The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with the Sung Special Teaching Course Co., Ltd. and the Defendant’s vehicle owner.

[Ground of recognition] Unsatisfy, Gap 1-4 evidence (including branch numbers), Eul 3 evidence, the purport of the whole pleadings

2. While the Plaintiff’s alleged G was driving the two-lanes at the point where the instant accident occurred, the space between the Defendant’s vehicle and the vehicle parked on the right side, which was the part where the Defendant’s vehicle operated by the Defendant Company C changed its course, was narrow between the Defendant’s vehicle and the vehicle parked on the right side while changing its course, and the network G was taking action to avoid danger under the above circumstances, and it was beyond the Defendant’s left side.

The instant accident was a direct cause for the Defendant’s vehicle to interfere with the Plaintiff’s career and passage in the course of changing course.

Before the occurrence of the instant accident, the Plaintiff Oral Ba was operated at a relatively lower speed than the Defendant’s vehicle, and C could sufficiently recognize the Plaintiff Oral Ba, which was proceeding on the right side by noise, etc.

C After confirming the course of the plaintiff Otoba, C does not change the course to the right or direction.