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(영문) 서울고등법원 2015.06.26 2014나2038225

손해배상(자)

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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 reasons why this Court shall explain this part of the facts are as follows: (a) each of the reasons for the judgment of the first instance referred to in Paragraph (1) shall be cited by the main sentence of Article 420 of the Civil Procedure Act, since it is the same as the corresponding part of the judgment of the first instance, in addition to the modification to D.

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion 1) while moving from the top of the passenger vehicle of this case driven by D to L, the plaintiff's assertion 1) while driving the vehicle of this case, the vehicle of this case was stopped and stopped at the right time, and the vehicle of this case started and died due to the injury, such as the head, bones, etc., due to the operation of the vehicle of this case. G was killed due to the accident during the operation of the vehicle of this case, and therefore the defendant is the insurer of the automobile insurance contract of this case, who is liable for damages due to G's death under the Commercial Act and the Guarantee of Automobile Accident Compensation Act. 2) The defendant's assertion that the defendant's allegation D opened the chief door door of G which the plaintiff was trying to start while moving G to the top of the passenger vehicle of this case while leaving G on August 11, 2013, and opened the head door of this case from the road of this case, but did not have any sufficient causal relation with G's death, such as death and injury.

B. The reasons why this Court shall explain this part of the facts of recognition are as follows: (a) except for the alteration of “Defendant D” of Article 2(b) to “D” for the reasons of the judgment of the court of first instance, it is identical to the reasons of the judgment of the court of first instance as stated in Article 20(b) of the Civil Procedure Act.

C. Determination is based on the following circumstances acknowledged in light of the fact of the foregoing Section 2 and the result of the request for the examination of medical records to the head of the Korea University of Education, the President of the Korea National University of Cancer Hospital.