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(영문) 수원지방법원 2016.05.18 2015나26525
손해배상(자)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked.

2. The plaintiffs corresponding to the above revocation part are the defendant.

Reasons

1. Basic facts

A. At around 23:05 on November 20, 2013, F driven a H car with a blood alcohol concentration of 0.115% without a driver’s license, and turned down the three-lane road (hereinafter “instant road”) in front of the Savian Savian long-distance located along the border of Yacheon-si, Yacheon-si (hereinafter “the instant road”) from the front bank bank of the front bank to the two-lane 70 km each hour from the front bank of the front bank. At the same time, K (hereinafter “the network”) coming down on the two-lane road of this case, which was going on the front bank and turned down the back to the road after receiving the back portion of the I driver’s Jaltob, which was going on the front bank. Accordingly, K (hereinafter “the network”).

(B) A. (b) The first accident occurred, approximately 16 seconds thereafter, L was driving M treatment 1.5 tons of M&C truck owned by Sungnam Transportation Co., Ltd. (hereinafter “Defendant Truck”) and was straighted to approximately 70km in a speed of 1.5 kilometers in the two-lanes of the road of this case, and the deceased was over the two-lanes of the road of this case (hereinafter “the second accident”).

The Deceased was killed in the face of the face, aftermath fever, and pelvise of the bones, and death in the same place.

The plaintiffs are the inheritors of the deceased, and the defendant is the insurer who has concluded a comprehensive automobile insurance contract on the defendant truck.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the parties’ assertion lies in causation between the death of the deceased and the second accident. As such, the defendant asserts that the insurer who concluded the automobile accident insurance contract for the defendant truck is liable for the damages suffered by the deceased due to the first and second accident. Accordingly, the defendant is not only in causation between the second accident and the death of the deceased, since the deceased had already died due to the first accident.

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