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(영문) 수원지방법원 2019.04.03 2018나75795
손해배상(자)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(hereinafter, however, the "Plaintiff (Ma1) vehicle" is the "Plaintiff vehicle" and the "Defendant (Ma2) vehicle" is the "Defendant vehicle". 2. The parties' assertion

A. Despite the fact that the Defendant’s vehicle is not broken, the Defendant’s allegation F is erroneous in not taking safety measures, such as stopping the three-lane line with one point four meters each way of driving, using an emergency, and installing additional signals such as the mark of the vehicle breakdown, etc., and the Deceased died due to the operation of the Defendant’s vehicle. Therefore, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Deceased and the Plaintiffs for the damages suffered by the Plaintiffs due to the instant accident.

B. The Defendant’s assertion that the instant accident occurred due to the deceased’s negligence, not the F’s negligence, and thus, there is no obligation to pay damages to the Plaintiffs.

3. Determination

(a) The main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "When a person who operates an automobile for his/her own sake has killed or injured another person by the operation thereof, he/she shall be liable to compensate for the damages therefrom." In principle, the driver shall not be negligent in paying attention to the operation of the automobile: Provided, That this shall not apply to cases where a person who is not a passenger has died or injured, he/she has not been negligent in paying attention to the operation of the automobile, and where he/she proves that he/she or any third person other than his/her own or his/her driver has not caused any defect in the structure or functional impairment of the automobile, and that there was no defect in the structure or functional impairment of the automobile."

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