Text
1. The part against the plaintiffs of the money that orders payment under the judgment of the court of first instance shall be revoked.
2...
Reasons
1. Basic facts
A. On February 24, 2012, E driving a F E-F fishing bus (hereinafter “Defendant vehicle”) around 18:46, and driving along a two-lane road in front of the H oil station in Gangseo-gu Busan Metropolitan City along the two-lanes, leading to the direction of melt mountain, and then finding a vehicle operating along the three-lanes, while trying to change the two-lanes to the three-lanes, at the right end, the vehicle driven along the three-lanes of the H oil station in Gangseo-gu Busan Metropolitan City, and rapidly returned the driver vehicle to the port and immediately returned to the centralized, and caused the death of the deceased, the breast, and the fluor caused damage to the death of the deceased, the chest, and the fluor.
(hereinafter “instant accident”). (b)
Plaintiff
A The wife, the plaintiff B, C, and D are the children of the deceased, and the defendant is the insurer who has concluded the automobile comprehensive insurance with respect to the defendant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1-1, 2-2, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the facts acknowledged before the ground of liability, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members due to the instant accident.
B. The Defendant’s judgment as to the claim of limitation of liability is common sense that, at the time of the occurrence of the instant accident, the Defendant committed an error by neglecting his/her duty to conduct a defensive operation, even though he/she had to conduct a defensive operation, and that the deceased’s negligence contributed to the occurrence of the instant accident and the expansion of damages, and thus, the Defendant’s liability should be limited. As such, the Defendant’s vehicle driver, who operates the road along which the main line and the center line are installed, is believed to be in compliance with his/her own lane, and thus, is able to anticipate the abnormal operation of the other party’s motor vehicle.