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(영문) 서울중앙지방법원 2016.11.23 2016가단5051364

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. B driven at around 06:40 on December 17, 2015, while driving a CDama Cargo (hereinafter referred to as “diversing vehicle”) and driving the front road of Seocho-gu Seoul Metropolitan Government into the Kafathropolog road from the right side of the doctoral distance to the right side of the road. On the other hand, B attempted to detect and stop the E (the Deceased) who was crossing the crosswalk without signal, etc. to the right side of the left side of the said trucking vehicle, but tried to find and stop it late, but did not reach the part of the body part of the deceased’s vehicle, and died as the front part of the said vehicle at around 17:01 on December 23, 2015.

(hereinafter referred to as the "accident of this case").

The Plaintiff is a sole heir of the deceased’s son, and the Defendant concluded a comprehensive automobile insurance contract with the Plaintiff’s wife F with respect to the registered insured as the Plaintiff’s wife II, with respect to which the Defendant agreed to provide compensation as prescribed by the terms and conditions for losses incurred when the insured (including the parents of the registered insured) died or died of an accident caused by an non-insurance motor vehicle.

(c) A Maritime Vehicle is only insured against KB non-life insurance.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination on claims for insurance proceeds

A. According to the above facts, the defendant is obligated to pay to the plaintiff the non-insured automobile injury insurance proceeds (hereinafter referred to as "non-insured insurance proceeds") in accordance with the terms and conditions.

B. At the time of the instant accident, the Dong’s accident occurred prior to the instant accident, and the accident site was a crosswalk without signal, and thus, the deceased, as well, has the duty to take a look at whether the vehicle is in progress or not, is negligent in failing to do so. The foregoing negligence of the deceased is deemed to have caused the occurrence and expansion of the damage caused by the instant accident.