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(영문) 서울고등법원 (춘천) 2018.08.29 2018나102

손해배상(자)

Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning for this part of the underlying facts is as follows, except for the change of “Defendant G” to “G”, and therefore, it is identical to the entry of “1. Basic Facts” in the reasoning of the judgment of the first instance, thereby citing it as it is in accordance with the main sentence of Article 420

2. Occurrence of liability for damages;

A. 1) The Defendant asserts to the effect that there was no negligence of the Defendant in the second accident since it was impossible for the Defendant to anticipate that the vehicle was driven by the people on the road at the port of accident. However, the Defendant asserted that there was no causation between the Defendant and the second accident even if the Defendant died of the accident, considering the following: (a) the scene of the accident is an intersection where signal, etc. was installed and the road temporarily comes to a straight line; (b) the vehicle driven by M, N, andO was operated after the accident scene; and (c) the vehicle driven by M, E, N, andO was operated by avoiding the two-lanes of the vehicle while driving the vehicle, the Defendant could have discovered the J in advance and avoided the station; and (b) the Defendant could have died immediately after the first accident, and thus, the Defendant’s negligence is recognized.

However, the following circumstances, which can be recognized by the purport of each description of Gap evidence 1 and 4 and the entire arguments, are: ① was worn with a helicopter at the time of the collision with the first vehicle, and it appears that the first half of the first vehicle would have fallen instead of the second half after the collision with the first vehicle; ② At the time of the first accident, J and O stated that the second half of the first vehicle would have come back. ② At the time of the second accident, the second accident, N andO did not have any special damage to the body of the J at the time of the second accident.