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(영문) 청주지방법원 2014.07.16 2013가단159509
손해배상(자)
Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. On September 20, 2013, the network C driven DOba (hereinafter “the instant Obaba”) and driven the road in front of the entrance road in front of the exit exit exit in the front of the Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-do, and driven back along the median line in the front of the exit exit exit in the front of the exit exit exit exit exit in the front of the exit exit exit exit exit exit. On the opposite part, the network C tried to find out that the FOba bus in front of the E driving (hereinafter “the instant bus”) in front of the two lanes and return back to one lane in front of the two lanes, but the instant bus also died as the heart due to a collision with the wind that would be avoided to the opposite lane.

(hereinafter, this case’s accident). (b)

Plaintiff

A The deceased’s wife and the Plaintiff B are the deceased’s children, and the Defendant is the employer of E.

【Ground of recognition】 In the absence of dispute, Gap evidence 2, Gap evidence 4-1, 2, 3, Gap evidence 5, 6, Eul evidence 1-13, 14, 15, and Eul evidence 3, the purport of the whole pleadings, images, and arguments

2. The assertion and judgment

A. The Plaintiff’s assertion that the collision occurred due to the negligence of the Plaintiff’s failure to perform his duty of care to prevent the collision by emphasizing the front side. The Defendant, the user of E, is liable to compensate the Deceased and the Plaintiffs for the damages incurred by the accident of this case, as the Plaintiff’s employer, inasmuch as the accident of this case occurred due to the negligence of the Plaintiff’s failure to keep his own car line as it is, even after being aware of the collision of the central line of the Otoba in this case, or not

B. Determination 1 Generally, the driver of a motor vehicle operating a road along his own median line is normal to trust that the driver of a motor vehicle is operating along his own median line to maintain his own vehicular line, and therefore, the other motor vehicle does not have a duty of care to drive the motor vehicle by predicting the other motor vehicle when entering the median line. However, in special circumstances where the other motor vehicle could anticipate that the motor vehicle is operating by any abnormal method, or where the other motor vehicle is running along the center line.

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