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(영문) 서울중앙지방법원 2016.01.08 2015가단5041469

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 November 2, 2014, at around 01:27, the network C (hereinafter referred to as “the network”) driven a DNA and went beyond the front part of the E-cab (hereinafter referred to as “Defendant vehicle”) sent back to the front part of the e-cab (hereinafter referred to as “Defendant vehicle”) sent to the right side in the direction of the proceeding, and died on November 3, 2014, by violating the signal signal at the intersection of the point of view in the Seoul Metropolitan City, Agricultural District Office located in the North-gu, Gwangju Metropolitan City, by going beyond the two-lane of the four-lane-lane, and facing the head on the right side of the E-si (hereinafter referred to as “Defendant vehicle”).

(hereinafter “instant accident”). B.

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

[Based on Recognition: Facts without dispute, Gap evidence 1 through 7 (including each number), Eul evidence 1 through 4 (including each number), the purport of the whole pleadings]

2. The assertion and judgment

A. Even if the deceased allegedly violated the signal, the driver of the Defendant vehicle shall stop on the stop line during the signal, and has a duty of care to drive the vehicle immediately after the signal was replaced. Since the accident occurred in violation of this, the Defendant, who is a mutual aid business entity of the Defendant vehicle, shall compensate the Plaintiffs for the damages incurred therefrom.

B. The driver of a vehicle driving along an intersection where traffic is controlled by the traffic signal, etc., is sufficient to ensure that other vehicles are also believed to observe traffic regulations and take appropriate measures to avoid collision, barring special circumstances, and there is no duty of care to take special measures to prevent accidents in advance, as expected to be done when other vehicles violate the signal and walk along their career, or when one is expected to drive along with the traffic signal.

However, even if the driver of a vehicle is a driver of a vehicle driving in compliance with signal, the intersection is already.