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(영문) 서울중앙지방법원 2019.04.26 2018가단5084641
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On May 19, 2017, Plaintiff A driven HST5 car (hereinafter “instant vehicle”) around 20:20, and proceeded with the two lanes of the old National Highway No. 17 Line (hereinafter “instant old Road”) adjacent to the Southern East-si, Southern-si, Seoul-si. In line with the second line road, Plaintiff A was using the instant vehicle as a erogate from the southwest bank.

B. Chowon-si's U.S. roads and 17 national highways newly constructed on the old road of this case (hereinafter referred to as "new road of this case") are full-b. The plaintiff A made a left-hand turn to the left-hand turn of the old road of this case in the first lane, which is the right-hand turn-hand road of this case, in order to proceed to a erode by using the new road of this case, and entered the new road of this case into the second line.

(The current status, etc. of each of the above roads are the new roads of this case and the "City/Do 17 National Land Management" in the indication of the attached drawings as shown in the attached drawings are the new roads of this case. (C)

However, Plaintiff A entered the same lane as above and entered the new road of this case into the lane of the direction of proceeding and opposite direction. Accordingly, while driving the new road of this case along the two-lanes of the new road of this case, there was an incident of collision between Plaintiff A and 1 ton cargo vehicles of this case normally proceeding along the two-lanes of the new road of this case (hereinafter “accident”). D.

Due to the instant accident, the deceased J, the spouse of the Plaintiff A, who was on board the instant vehicle at the time, died.

E. Plaintiff A is the deceased’s spouse, and Plaintiff B, C, D, E, F, and G are the children of Plaintiff A and the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1, 2, Eul evidence 1, 2, Eul evidence 1 to 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's argument intersection is prior to the accident of this case.

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