손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The Plaintiff A is the spouse of E, and the Plaintiff B, C, and D are children of E, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to F vehicle (hereinafter “Defendant vehicle”).
B. At around 15:30 on October 17, 2015, E driven the G Otoba (hereinafter “Plaintiff Otoba”) and pushed the central line while driving a road that is located near H in the sphere of Suwon-si, the center was lost and the part of the front left-hand side of Defendant I driver’s vehicle, who was maried in the opposite line, was shocked.
(hereinafter “instant accident”). C.
E died of the instant accident.
[Grounds for Recognition: Facts without dispute; Gap evidence 1-7; Gap evidence 1-1; Eul evidence 1; video (including branch numbers, if any); the purport of the whole pleadings]
2. The assertion and judgment
A. The Plaintiffs’ assertion (i.e., the instant accident was concurrent between the negligence of E and I’s failure to perform the duty of prior care, and the negligence of non-confiscing and threatening driving, speeding, etc.
D. Accordingly, the defendant is liable for damages suffered by E and the plaintiffs due to the instant accident.
B. (i) In general, a motor vehicle driver who operates a road on which a median line is generally installed along his/her own lane is believed to keep his/her lane and trust to drive the motor vehicle on his/her own. Thus, barring any special circumstance in which the other motor vehicle could anticipate the abnormal operation of the other motor vehicle, the other motor vehicle is not obliged to drive the motor vehicle on the two-lane or the right side side of the road in advance, expected to enter the median line.
(See Supreme Court Decision 200Da67464 Decided February 9, 2001, etc.). According to the health stand in relation to the instant case, the instant accident occurred by the negligence of the central line, and there are special circumstances that, in advance, I, the driver of the Defendant vehicle, knew or could have anticipated the central line to be invaded.