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(영문) 부산지방법원 2017.08.29 2016가단317326
손해배상(자)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 12, 2016, around 10:36, Defendant C, driving a Daba car owned by the head of the company, Inc., Ltd. (hereinafter “Defendant C”), caused an accident of collision with the Plaintiff A’s G Mtz car (hereinafter “Plaintiff’s vehicle”) crossinging the road from the front side of the F cafeteria, which is located in the Gyeongnam Development-gun, on the surface of the waterside, in front of the F cafeteria, in front of the restaurant located in the Gyeongnam Development-gun, Gyeong-gun on the surface of the waterside, and going from the front side of the waterside to the front side of the said three-distance road and from the surface of the access road to the F cafeteria, due to the Do Do e-car (hereinafter “instant accident”).

B. In the instant accident, Plaintiff A suffered bodily injury, such as fladrosis and cerebral fladrosis.

C. Meanwhile, the road in which the instant accident occurred is a two-lane national highway with a speed of 80 km per hour, and the Defendant C driven approximately 103 km per hour at the time of the instant accident.

Plaintiff

B is the Plaintiff A’s son, and the Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire Marine Insurance”) is the insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, video and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred due to negligence that Defendant C driven under the influence of the Defendant C, and neglected the duty of care for the transfer. As such, Defendant Samsung Fire and Marine Insurance, the insurer of Defendant C and Defendant C, is jointly responsible for compensating the Plaintiffs for the damages.

3. The driver of a vehicle driving along an intersection where traffic is controlled by judgment signals, etc., shall be sufficient when other vehicles are believed to observe traffic regulations and take appropriate measures to avoid collision, and the other vehicles violate the signal and block their course.

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