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(영문) 서울중앙지방법원 2016.05.27 2014가단5297647

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. On October 8, 2014, at around 10:25, the network D (hereinafter referred to as “the network”) driven Matoba, and driven the Mabanon apartment street road along the Gangnam-gu Seoul Metropolitan Government Gangnam-gu, Gangnam-gu, along the two-lanes between the two-lanes in the direction of the station elementary school shooting distance from the Seocho-gu, Seoul.

Although the deceased changed to a stop signal, he entered the intersection as it is, and the part before the left side of G individual taxi vehicles (hereinafter referred to as the “Defendant vehicle”) driven by F, which was driven by F, which was conducted in accordance with the new name, from the right side of both sides of the direction to the left side of the direction, was completely shocked by the deceased’s Otoba.

(hereinafter “instant accident”). The Deceased died on October 10, 2014 while receiving treatment for the instant accident.

B. The plaintiffs are children of the deceased, and the defendant is a mutual aid business operator who has concluded a mutual aid agreement with the defendant's vehicle.

[Reasons for Recognition] Unsatisfy, Gap 1-4, 7 evidence, Eul 1-2 evidence, the purport of the whole pleadings

2. The plaintiffs asserted that the accident of this case occurred due to the negligence that the driver of the defendant vehicle started at the point of the line beyond the stop line and neglected his duty of care to drive safely while looking at the front line. Thus, the defendant asserts that the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the mutual aid business operator of the defendant vehicle.

In this regard, the defendant asserts that the accident of this case was caused by the total negligence of the deceased who proceeded along the intersection in violation of the signal, and that the driver of the defendant vehicle should be exempted from liability on the ground that it could not be anticipated at all.

3. The driver of a vehicle driving along an intersection where the traffic is controlled by a sign signal shall believe that other vehicles shall observe traffic regulations and take appropriate measures to avoid collision, unless there are special circumstances.