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(영문) 서울중앙지방법원 2015.08.28 2014나60346
손해배상(자)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Occurrence of liability for damages;

(a)The following facts may be found, either in dispute between the Parties or in each entry or image of Gap evidence 1 to 5, and 27 (including the numbers with which each number is attached; hereinafter the same shall apply) by integrating the overall purport of the pleadings:

1) C is the Defendant’s vehicle around 10:34 February 21, 201 (hereinafter “Defendant”)

(1) The road of this case (hereinafter referred to as the road of this case) near the F station located in Gwangju City E.

(B) A net G (hereinafter referred to as the “Death”) proceeding in parallel part (hereinafter referred to as the “Woo”) in which he was proceeding one lane from the Doside to the mathside.

ii) the HV vehicle (hereinafter referred to as the Plaintiff’s vehicle);

3) The Defendant’s driver’s seat was shocked to the part of the Defendant’s driver’s seat and caused the Deceased’s death on the spot due to external depression, etc. (hereinafter “instant accident”).

(2) Plaintiff A is the wife of the Deceased, and Plaintiff B, I, and J are the offsprings of the Deceased, and I and J reported the renunciation of inheritance to waive the inheritance of the Deceased’s property under the Sungwon District Court 201Mo252, Sungwon District Court 201Mo252, and received a report and adjudication from the above court on March 18, 201.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle. According to the fact of recognition of liability, the Defendant is liable to compensate the deceased and the Plaintiffs for damages caused by the instant accident as the insurer of the Defendant’s vehicle. C. Determination as to the claim of exemption 1) The Defendant’s assertion that the instant accident occurred as a result of the deceased’s excessive driving on the instant road by bend, bend, and the Defendant’s unilateral negligence is attributable to the deceased’s collision, and C, the driver of the Defendant’s vehicle, was not negligent in the operation of the vehicle, and thus, the Defendant should be exempted from liability.

2. According to Article 3 of the Guarantee of Automobile Accident Compensation Act, a person who operates an automobile for himself/herself shall operate the automobile.

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