1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 22, 2017, B driven a rocketing Private Taxi (hereinafter “Defendant vehicle”) around 21:25, 2017, driving the Defendant vehicle, proceeding one-lane of 1082, as in the border number of the Sugcheon-gu, Sugcheon-gu, Sugcheon-gu, the two-lane of 1082, driving the Defendant vehicle toward the North Korean Ambassador distance, and attempted to cross the Defendant vehicle without permission beyond the center separation zone from the left side of the Defendant vehicle driving direction.

(hereinafter “instant accident”). B.

Due to the instant accident, D died.

(hereinafter referred to as “D”). C.

The plaintiff is the mother of the deceased, and the defendant is a mutual aid business operator who has entered into a mutual aid agreement on the defendant's vehicle.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the party’s assertion is that the accident place is a place where people frequent and high traffic volume. As such, the Plaintiff asserts that the Defendant’s driver is liable to compensate for damages caused by the accident of this case as the insurer of the Defendant’s vehicle, inasmuch as the Defendant’s driver discovered the deceased who would have been in excess of the front and right while observing the speed limit, and could prevent the accident of this case by reducing the speed in advance or changing their course to the right, but caused the death of the deceased by negligence, even if it was done on the right side.

As to this, the defendant asserts that the accident of this case occurred from the unilateral negligence that the deceased exceeded the central separation zone of the style, and that the driver of the defendant's vehicle should be exempted from liability due to no negligence since it was not possible to avoid the deceased's accident due to the absence of any negligence.

B. Comprehensively taking account of the following circumstances acknowledged by the following evidence, the instant accident occurred by the deceased’s total negligence, and this is against B, the driver of the Defendant vehicle.