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(영문) 부산지방법원동부지원 2017.11.30 2017가단206078
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 22, 2015, around 02:30 on August 22, 2015, an accident occurred in which the part of the driver’s seat in front of the driver’s seat of the FSS3 Motor Vehicle driven by Defendant C (hereinafter “Defendant”), and the part of the driver’s seat in front of the driver’s seat and the part of the otobba (hereinafter “the instant Obaba”).

(hereinafter “instant accident”). (b)

After the instant accident, G was transferred to H Hospital and died on September 10, 2015, which was 20 days after the medical treatment of the G during the instant accident.

C. The Plaintiffs are the parents of the network G, and the Defendant Han Lan Insurance Co., Ltd is the automobile insurance company for the Defendant’s vehicle.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 3, purport of the whole pleadings

2. The Defendant vehicle asserted by the Plaintiffs did not stop and stop on the crosswalk with yellow dust, etc. installed prior to the point of the instant accident, but proceed at a speed exceeding 67km/h above the restricted speed of 50km/h, and did not take measures such as stopping without viewing the headlight of the instant Otoba, which was going beyond the median line due to violation of the duty of Jeonju City Mayor, and led to a shock of the speed of the instant Otoba, as it is, without considering the headlight of the instant Oba.

Such negligence by Defendant C is about 10% to the extent of the occurrence of the instant accident and the occurrence of the deceased’s death.

3. The driver of a motor vehicle who operates a road on which a judgment median line is marked along his/her own bus line is generally trusted that the driver will drive the motor vehicle coming from the drinking line in compliance with his/her own bus line. Thus, barring any special circumstance that could anticipate the abnormal operation of the motor vehicle by the other motor vehicle, the other motor vehicle does not have the duty of care to drive the motor vehicle even if it enters the median line, and it cannot be caused by his/her negligence solely on the ground that the driver driven the motor vehicle in excess of the speed limit. However, if he/she did not drive the motor vehicle without speed, he/she finds the median line of the other motor vehicle.

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