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(영문) 서울중앙지방법원 2019.05.22 2018가단5091120
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 30, 2017, D driving a vehicle E (hereinafter “Defendant vehicle”) around 21:10, and driving the vehicle at a speed of 80km per hour, and as the port of the Haan-gun, Haan-gun, Haan-gun, the two-lane road, at the speed of 107 km per hour, the front road of the river name 1 is proceeding at a speed of about 107 km per hour from the erode of the erode of the inside of the port, and the network F (hereinafter “the network”).

D As the front part of the Defendant’s vehicle, the Deceased’s bicycle front part was shocked (hereinafter “instant accident”), and the Deceased died at the site of the instant accident.

B. The Plaintiffs are the deceased’s inheritors, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, 10, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion D driven the defendant vehicle beyond a limited speed while driving a bend road at night. If D safely drives the defendant vehicle in compliance with the limited speed, the accident of this case did not occur, or due to the accident of this case, the deceased did not reach the death.

Therefore, the defendant has a duty to compensate the plaintiffs for the deceased and the plaintiffs' damages caused by the accident of this case.

B. The Defendant’s assertion that the instant accident occurred due to the total negligence of the Deceased who driven in the station by breaking the central line, and there is no negligence on the part of the Defendant’s driver.

3. Determination

A. A motor vehicle driver who operates a road with a central line generally in light of the relevant legal principles is generally trusted that the motor vehicle from the drinking line will be operated in compliance with the train line. Thus, the other party's motor vehicle is a motor vehicle unless there are special circumstances that could anticipate the abnormal operation of the other party's motor vehicle.

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