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(영문) 수원지방법원 2015.01.14 2014가단297
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 November 2, 2013, Nonparty J, while under the influence of alcohol by 0.128% without obtaining a driver’s license on blood alcohol level on or around 14:40 on November 2, 2013, driven by K Lone Star (hereinafter “instant accident vehicle”) and proceeded four-lanes of the four-lanes in front of the Suwon-gu Twit-dong Trop Trop Trop (hereinafter “the instant accident vehicle”). However, Nonparty J was found to have proceeded at a speed of 60km per hour from the erode to the erode and flow, despite the red signal, while the signal, etc. was proceeding as it was, the victim Nonparty L (hereinafter “the network”). However, the Deceased was received from the front part of the said vehicle.

The Deceased was sent to the N Hospital in Suwon-si M, and received treatment, but at around 15:48 on the same day, the Deceased died due to damage to the heart and the large beer, etc.

B. The plaintiff A is the husband of the deceased, and the plaintiff B and C are the children of the deceased, and the plaintiff D is the wife of the non-party O, who is the father of the deceased, and the plaintiff E, F, and G are the children of each of the aboveO.

C. The instant vehicle was originally owned by Nonparty P (representative Q). Around June 26, 2013, Defendant H entered into a sales contract with Nonparty J at Defendant I’s “S” office located in Suwon-si, Suwon-si, for the said vehicle at KRW 1.7 million (hereinafter “instant sales contract”). The same year

7.2. At around 16:00, no application was filed for the registration of transfer of ownership, and the foregoing accident vehicle was handed over.

Defendant H received a summary order of KRW 1,00,000 from Suwon District Court Decision 201Da24219 on the ground of the fact that he sold a vehicle without filing an application for registration of transfer of ownership on behalf of a buyer as a intermediary for the sale of a vehicle as above, and the said summary order became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, and Gap evidence 6.

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