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1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs are the parents of the network D (hereinafter referred to as “the network”); Defendant C is a person who drives a private taxi (hereinafter “instant taxi”); and Defendant C is an insurer who has entered into a mutual aid agreement for the instant taxi.
B. Around 23:50 on April 6, 2012, the Deceased was driven by the Obatoba and was killed on the same spot while driving three-lanes of the Hansan apartment located in Geumsan-si, Geumsan-si, the front side of the Hansan-si, and driving the three-lanes of the Hansan-si. The Deceased died on the same spot.
C. At the time of the instant accident, Defendant C was driving the said taxi and was driving four lanes between four lanes.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiffs' assertion and judgment on this issue
A. The instant accident is the wind that the instant taxi, which was driven at the four-lanes, has been driven by the deceased who was driven at the three-lanes after the said taxi without any signal, tryed to avoid it and faced with the steel pole outside the road.
Therefore, the Defendants, as the operators or insurers of the instant taxi, are obligated to pay 334,176,560 won, which is the sum of the Plaintiffs’ damages (284,176,560 won in lost earnings) and 30,176,560 won in total, and damages for delay, to each of the Plaintiffs as the operators or insurers of the instant taxi (i.e., KRW 284,176,560 in lost earnings). The Defendants first seek payment of KRW 120,000 in total and damages for delay.
B. First of all, the determination of whether the instant accident occurred due to the change in the sudden line of the instant taxi, and in light of the results of the fact inquiry into the president of the National Institute of Scientific Investigation and Investigation in the Republic of Korea, the Plaintiff submitted each of them.