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1. The plaintiffs' respective claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. D (A) around 23:00 on March 14, 2013, driving the E Passenger Car (hereinafter “Plaintiff’s Passenger Car”) and driving the front way of “G” in “G” in “G” in the Si interesting City, at the time of Sin interest, toward the coefficient shooting distance from the side of the tunnel.
During that, H did not discover the I4.5t Truck (hereinafter referred to as “Defendant Truck”) set up on the side of the right side of the road and shocked the back part of the Defendant Truck as the front part of the Plaintiff’s vehicle.
(hereinafter “instant accident”). (b)
D (hereinafter referred to as “the deceased”) died due to the instant accident.
C. The Defendant is an insurer who has concluded a comprehensive automobile insurance for Defendant truck.
The plaintiffs are the siblings of the deceased.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 4 (including each number), the purport of whole pleading
2. Determination
A. The plaintiffs asserted that the accident of this case occurred due to the negligence of the defendant's illegal parking of the defendant's truck, and that the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident.
As to this, the defendant asserts that H did not have any negligence in stopping the defendant truck, and that the accident of this case occurred due to the total negligence of the deceased, who neglected the duty of the front-time care while under the influence of alcohol, and operated the steering gear in a boomly, and therefore, the defendant should be exempted from liability.
B. In light of the circumstances such as evidence Nos. 1 through 3 (including each number), and the fact-finding results with respect to the audience interested, the following (i) through 7, which can be recognized by comprehensively considering the overall purport of the pleadings, the occurrence of the instant accident and the actual causal relationship are entirely the negligence of the Deceased.
Therefore, the plaintiffs' assertion based on the premise that the accident of this case occurred due to H's negligence is not accepted, and the defendant's defense is accepted.
1 The place where H stops or parks Defendant Trucks is called ‘stopping.’