logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2019.07.11 2018가단105260
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. On December 8, 2016, the network E (hereinafter referred to as “the network”) driven by a driver of the F vehicle owned by him/her at least 09:43, and died at around 22:13 on the same day on the same day, the end part of the I M& car parked at the entrance of the H company (hereinafter “Defendant”) on the right part of the front driver’s end while driving in three lanes in front of the H company located in the north-gu G at the port of the port at the port of the port and driving in the new port.

Plaintiff

A’s spouse, Plaintiff BC is the deceased’s children, and the Defendant entered into a comprehensive automobile insurance contract with the owner of the Defendant at the time of the accident.

2. The deceased caused a traffic accident on the part of the defendant who was illegally parked as the cause of the plaintiffs' claim. <1> As property damage, the deceased's loss of KRW 50 million, the market price of F vehicle and funeral expenses of KRW 5 million shall be assessed as 50%, and the remainder shall be calculated by deducting the deceased's negligence in violation of his duty of care at the front time of the deceased as 50%, ② as mental damage, the deceased's consolation money of KRW 50 million, Plaintiff A's consolation money of KRW 10 million, and Plaintiff BC's consolation money of KRW 5 million, respectively, and then the deceased's consolation money of KRW 5 million shall be claimed for each damages stated in the purport of the claim calculated by reflecting the inheritance ratio.

3. The key issue of the instant case is whether the Defendant’s vehicle was negligent in the course of the Deceased’s accident.

In full view of the following circumstances according to the facts without dispute, Gap evidence Nos. 4 (including provisional number; hereinafter the same shall apply), Eul evidence Nos. 1-3, each document submission order letter, and the purport of the entire pleadings, the defendant's vehicle was not parked at the time of the deceased's accident, and there is no other evidence to acknowledge the negligence. Thus, the plaintiffs' claim based on the negligence of the defendant's vehicle is without merit without examining the remaining points.

(1) The accident place is a straight-line road, and the accident hours were 9:43 minutes in the morning, and Mazdo.

arrow