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(영문) 대전고등법원 (청주) 2017.04.25 2016나12121

손해배상(자)

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) the Fcar's "F car" of No. 1 and No. 3 as "O car"; and (b) the plaintiff and the plaintiff" of No. 1 as "Defendant Hyundai Marine Fire Insurance Department"; and (c) the defendant Hyundai Marine Fire Insurance new argument in the trial is as stated in the reasons for the judgment of the first instance except for further determination under paragraph (2) below; and (d) it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the assertion that Defendant Hyundai Marine Fire Insurance was made in the first instance

A. The summary of the argument is that the insurance money that the Plaintiff paid to the bereaved family members of the deceased pursuant to a non-life-free injury security special agreement was a critical cause that resulted in the death of the deceased, ② the deceased’s failure to wear the safety labelling at the time of the instant accident, ② the deceased’s right to have his son G with the accident in drinking condition, ② the deceased’s right to have his son G with the accident, and the non-licensed driver’s own seated on the vehicle operated by the deceased, ③ the deceased’s non-licensed driver’s own seated on the vehicle, ③ the deceased’s failure to take charge of the operation, such as presenting the destination to the boarding on the vehicle, and it is unreasonable to evaluate the deceased’s fault excessively low, and the deceased’s fault may be claimed against the Defendant Hyundai Marine Fire Insurance.

B. In addition to the overall purport of the arguments on the evidence in the basic facts, the Deceased appears to have taken the vehicle with the knowledge that the driver of the vehicle involved in the accident was a non-licensed driver, and did not fasten the safety level at the time of the accident. Such mistake was caused by the occurrence of the accident in this case and the expansion of damages.

However, on the other hand, the Deceased is simply driving a vehicle in the same way as G and B, who are on the day of the instant accident.