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(영문) 대구고등법원 2016.01.26 2015나22367
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. A. On June 30, 2014, around 05:57, the network D (hereinafter “the network”) driven one hundred and twenty-fivecc night-K-II, and driven one another by the driver of one hundred and twenty-five (125cc night-H and two-lane two (6.4%) one way (2nd parallel) of the IC in front of the two-lane two Bridges of the Gyeonglung-K, the deceased was driving across the center line in the non-intersection industrial complex. The deceased was driving over twenty (20) meters in front of the accident.

B. E, at the above point of view, operated F7.5 tons f.5 tons f.5 tons f.o.b., led to the opposite direction of the deceased’s progress, i.e., the honded hondal road to the opposite direction of the deceased’s progress, from the boundary of the luxed industrial complex. It conflicts with the front part of the deceased’s front part of the freight vehicle, which was proceeding beyond the central line in the opposite direction.

(hereinafter referred to as “instant accident”). C.

After the occurrence of the instant accident, the Deceased died of internal organ damage and excessive surgery. D.

Plaintiff

A and B are the co-inheritors of the deceased as their parents, and the Plaintiff C is the deceased’s death, and the Defendant is the insurer who entered into an automobile insurance contract with Dong Transport Co., Ltd., the owner of the cargo vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, 5-1, 5-2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' accident of this case invadeds the central line, it does not light the headlight even during the new wall duration, and it occurred in advance by sending a warning signal to the deceased in advance or by negligence not accelerating the deceased, without being bound by hondro honding, or by reporting the deceased. Thus, the defendant, the insurer of the cargo vehicle, is liable to compensate the deceased and the plaintiffs for the damages suffered by the deceased.

B. The instant accident occurred due to one’s unilateral negligence, such as the Deceased’s central collision, and E did not have invaded the central line, and E does not have the central line.

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