가. 인정사실 (1) 망 D은 2012. 12. 25. 17:38경 E 오토바이(이하 ‘원고 차량’이라고 한다)을 운전하여 서울 노원구 중계동 137-9 할렐루야 교회 앞 편도 2차로 도로(이하 ‘이 사건 도로’라고 한다)를 당고개역 방면에서 삿갓봉근린공원사거리 방면으로 2차로를 따라 주행하고 있었다.

(2) On the right edge of the two-lanes of the instant road, which is a zone prohibited from parking at the same time, F stopped and tried to resume a GVS car (hereinafter referred to as “Defendant vehicle”) but it cannot proceed on the two-lanes due to another vehicle parked in front of the Defendant vehicle, and therefore, F changed its course by plucking the front side of the Defendant vehicle into the left side.

(3) The Deceased, at the rear of about 20 meters of the Defendant’s vehicle that the Defendant’s vehicle intended to move to the left side, operated the Plaintiff vehicle rapidly on the left side. From the same perspective, the Deceased and the Deceased were at a speed of about 45km of the instant road, and died on the 17:54 square meters of the same day on the H driver’s first trucking vehicle, where the Defendant’s vehicle was moving to the left side.

(4) At the time of the instant accident, the temperature was a very large of 10 degrees high, and the surface was dissatisfed due to the snow that fell on the day before the accident.

(5) The Plaintiff A is the father of the Deceased, the mother of the Deceased, and the Plaintiff C is the mother of the Deceased, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 9, Eul evidence Nos. 1 and 2 (including each number, hereinafter the same), the purport of the whole pleadings

B. The plaintiff asserted that the accident in this case occurred while the F parked the defendant's vehicle, and did not live the plaintiff's vehicle in the course of coming into the road, and the plaintiff was the deceased who was playing.