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(영문) 청주지방법원 2019.05.16 2018가단31637
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 7, 2018, at around 05:10, the network D (hereinafter referred to as “the network”) driven by the E-to-Land (hereinafter referred to as “Plaintiff E-to-Land”) and left the “G” road (two-lanes and one-lanes) located in Cheongju-si, the petition area F of Cheongju-si (hereinafter referred to as “G”), from the H school room to the right side of the course while he was parked at the right side of the course while he was parked in the J-owned Kpoter II 1 ton truck (hereinafter referred to as “Defendant ”). The left side part of the Kpoter II 1 ton truck (hereinafter referred to as “Defendant 1”) was loaded on the floor.

(hereinafter referred to as “the instant accident”). The Deceased died from cerebral blood around 01:40 on July 15, 2018.

B. The Plaintiffs are the parents of the Deceased, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant Vehicle.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5, and 9 (if there are provisional numbers, including all branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

가. 원고들의 주장요지 망인은 “ㅏ”자 형 교차로를 지나 직진하던 중 이 사건 사고를 당하였는데, 피고 차량은 적재함 뒷부분을 기준으로 위 교차로 도로 모퉁이 지점부터 3.55m, 교차로 우측 합류지점에 설치된 횡단보도 4.01m 거리에 주차함으로써 주차금지구역에 불법주차한 잘못이 있고, 아무런 안전표지를 하지 않았다.

Due to the illegal parking of the Defendant’s vehicle, the relevant vehicle left from the center line to the left side of the Defendant’s vehicle among approximately 3.3 meters in width, and the Deceased who followed the following behind the said vehicle was trying to find out that the Defendant’s vehicle was parked only after the vehicle passes by the Defendant’s side, but it did not reach the left side of the vehicle, and it did not reach the remainder of the Defendant’s vehicle. Accordingly, there is a proximate causal relation between the illegal parking of the Defendant’s vehicle and the instant accident.

Therefore, the defendant, the insurer of the defendant vehicle, is the heir of the deceased.

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