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(영문) 수원지방법원안양지원 2020.02.13 2018가합101609
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. At around 23:03 on February 3, 2017, the Defendant driven a bicycle and proceeded with the first bicycle lane in front of the F apartment apartment (hereinafter “instant bicycle lane”) in front of the front part of the bicycle driven by the network A (hereinafter “the network”) in the opposite lane, while driving the bicycle lane in front of the F apartment in front of the Gu, in front of the city of Ansan-gu (hereinafter “the instant bicycle lane”) from the front side of the waterside, the Defendant shocked the front part of the bicycle driven by the network A (hereinafter “the network”).

(hereinafter “instant accident”). (b)

On July 11, 2018, the Deceased died from a multi-soft long-term care hospital located in Ansan-gu G around Anyang-si on the following day: (a) around 14:05, the Deceased was receiving treatment from the hospital due to the instant accident; and (b) around July 14, 2018.

As the inheritor of the deceased, there are Plaintiffs B, C, and D, who are their spouse.

C. Meanwhile, the Defendant was indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents due to the instant accident, but was sentenced to not guilty on November 13, 2018 (Sawon District Court 2017 Goyang Branch 2519), and the Prosecutor appealed against this, but was sentenced to the dismissal of appeal on May 15, 2019 (Yawon District Court 2018No7563). The said judgment became final and conclusive around that time.

(hereinafter referred to as "the criminal case related to this case"). / [Grounds for recognition] The fact that there is no dispute, entry in Gap 1 through 5, 14, Eul 7 and 8 (including the number of branch offices) and the purport of the whole pleadings.

2. The plaintiffs asserted at night that the accident of this case occurred due to negligence while neglecting the duty of care to drive safely by viewing the front door and reducing the speed of the bicycle so as not to conflict with the bicycle crossing. Accordingly, the deceased died.

Therefore, the defendant's damage claim 118,268,439 won of the deceased's damage claim 118,268,439 won and the above plaintiff's damage claim 30,000,000 won, total of 148,268,439 won, and the plaintiff C and D inherited by the above plaintiffs, respectively, 78.

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