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(영문) 부산지방법원 2014.10.08 2014가단24798
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

(a) On January 21, 2012, at around 00:10 on January 21, 2012, C, driving a D low-speed car, and driving a vehicle in front of the Busan Jin-gu Ga-dong Ga-gu Ga-dong Ga-gu Ga-dong Ga-gu Busan, was passing from the 000 tunnel to the right side of the Ma and F crossing-do crossing the road from the port side of the port side of the Man-dong Ga-dong

(hereinafter “instant accident”). (b)

The Plaintiffs are their successors as F’s parents, and Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) is the insurer of the said low-est vehicle, and Defendant Busan Metropolitan City is the local government responsible for managing motorways in which the instant accident occurred.

C. Although the instant accident filed a separate lawsuit claiming damages against Defendant Samsung Fire, the judgment of the losing party becomes final and conclusive, and the judgment was rendered a non-guilty decision on the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents by C.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 2, Eul evidence 5-14, the whole oral argument

2. The plaintiffs' assertion and judgment

A. The Plaintiffs asserted to the effect that the instant accident occurred due to the neglect of the duty of Jeonju, and that the Defendant Samsung Fire, the insurer, is liable for damages, as it is the Defendant Samsung Fire, as the instant accident occurred due to the fact that: (a) the location of the instant accident was situated on the motorway; (b) but is adjacent to the general road where housing prices are concentrated; and (c) the central separation zone and the two-meter-meter space was unfolded; and (d) the location of the instant accident was directly connected to the end of the rapid decline; and (b) it was easy to secure the view.

In the event of an accident that has shocked a victim who drives a motor vehicle without permission, there was a circumstance in which the driver could have anticipated the driver to cross the motor vehicle without permission within the upper distance, and accordingly immediately.

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