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(영문) 대구지방법원경주지원 2015.01.16 2014가단676
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 November 14, 2013, the network D (hereinafter referred to as “the network”) driven a freight vehicle and caused an accident that intrudes on the opposite direction beyond the center line (hereinafter “the instant accident”) while driving the national highway No. 4 at the entrance of the labor unit of the Seocho-si, Young-si on the two northwest-si into a one-lane chilling side from both northwest-si to a one-laneing side. Accordingly, the said vehicle fell into the right-hand side of the road and the deceased died at around 14:59 on the same day.

B. Prior to the instant accident, the road safety facilities installed on the National Highway No. 4 at the 300 meters of the site of the instant accident (hereinafter “the location of the instant accident”) at the time of the instant accident were installed, and ② there was a sign indicating that the instant accident occurred prior to the point of 200 meters of the instant accident, and ② a sign indicating that the instant accident occurred prior to the point of 200 meters. ③ At the point of the instant accident, there was a mond sign indicating the valley line was installed in the vicinity of the site of the instant accident, and ④ in the location of the instant accident, there was a mond sign indicating the valley line, and ④ in the location of the instant accident, there was a sign indicating the valley, a tent guide sign, and an absolute reduction of speed during the construction.

C. As the first heir of the deceased, the deceased’s wife A, and C, are children of the deceased.

[Ground of recognition] Facts without dispute; Gap evidence 1 to 5; Eul evidence 3; Eul evidence 1 to 8; Eul evidence 1 to 8; Eul's witness F's testimony and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. Upon the claim of this case, the plaintiffs are managers of the road involved in the accident of this case, and are obliged to prevent traffic accidents or to prevent the expansion of accidents by installing a protective fence if the location of the accident of this case is a faster and a downer road.

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