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(영문) 서울중앙지방법원 2015.12.18 2014가단216964
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 7, 2014, at around 15:14, the network D (hereinafter referred to as “the network”) driven the off-to-land E and driven the two-lanes of the road located north-to-west Round-ro 222 on the north-to-west Rocheon-ro, Seocheoncheon-do, the two-lanes of the road located on the fourth intersection (hereinafter referred to as “Defendant vehicle”) was faced with the right side of the F Driving G bus driven as one-lane (hereinafter referred to as “Defendant vehicle”) and died, going over the front wheels of the Defendant vehicle.

(hereinafter “instant accident”). B.

Plaintiff

A is the deceased’s wife, and the plaintiff B and C are the deceased’s children, and the defendant is the insurer who has concluded a comprehensive automobile insurance contract against the defendant’s vehicle.

[Recognizing Facts: Facts without dispute; Gap evidence Nos. 1 through 4; Eul evidence Nos. 1 and 2 (including paper numbers); the purport of the whole pleadings]

2. The assertion and determination Plaintiffs asserted that the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiffs for the damages caused by the instant accident, since the instant accident occurred due to the negligence of the Defendant’s driver.

However, the driver of the defendant vehicle is driving in one lane and driving in two lanes, and in such a case, the driver of the above driver is not obliged to take special measures to prevent the occurrence of the accident in advance because the driver is anticipated to enter the same lane as the driver's own, driving in one lane, and the driver is not negligent.

Therefore, the plaintiffs' above assertion is without merit.

3. The plaintiffs' claims are dismissed.

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