1. All of the plaintiffs' claims are dismissed.

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

1. Basic facts

A. On May 16, 2017, Plaintiff A driven G City City 100 MT Ba (hereinafter “Plaintiff A”) around 10:00 on May 16, 2017, and, at the time of the change of the pedestrian signal to the red signal, Plaintiff A crossed the I real estate front of the I real estate in the Seo-gu, Daegu-gu, to the I real estate signal on the side of J while crossinging the I real estate on the back of the PJ, Plaintiff A stopped and waiting before the above crosswalk stop line, and the vehicle signal was changed to a green signal, and the front right-hand part of Defendant E E E’s K Lone Star Cork Cor Cor Ro (hereinafter “Defendant vehicle”).

(이하 ‘이 사건 사고’라고 한다). 이로 인하여 원고 오토바이 뒷좌석에 탑승하고 있던 망 L(이하 ‘망인’이라 한다)이 튕겨 도로로 전도되어 같은 날 13:07경 후송되어 치료 중이던 대구 중구 M에 있는 N병원에서 외상성 뇌출혈로 사망하였다.

B. The Plaintiff A’s spouse, the rest of the Plaintiffs are the deceased’s children, and the Defendant F Co., Ltd. (hereinafter “Defendant Co., Ltd”) is the insurer who concluded a comprehensive automobile insurance contract regarding the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 7, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs asserted that, since Defendant E’s failure to perform the duty of care in front of the death caused the death of the deceased, the Defendants jointly and severally asserted that they were liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident. On the other hand, the Defendants asserted that the instant accident was an force majeure accident caused by the death of the deceased, and that the liability for damages cannot be acknowledged.

B. The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his own sake shall be liable to compensate for the damage if he has killed or injured another person by the operation thereof."