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(영문) 서울중앙지방법원 2015.06.04 2014나65419
손해배상(자)
Text

1.(a)

The judgment of the first instance shall be revoked.

B. Each of the plaintiffs' claims corresponding to the above revocation are dismissed.

2...

Reasons

1. Basic facts

A. On December 28, 201, the network C (hereinafter “the network”) driving a DK5 vehicle (hereinafter “Plaintiff”) around 08:45 on December 28, 201, and driving the 122-road in Gangnam-gu, Seoul Hunol-ro, Seoul, along the one-lane between the three-lanes, along the unconstitutional body located on the side of the lusular distance. While the network C (hereinafter “Defendant”) is driving beyond the left center line for overtaking the two-lanes on the front side and the two-lanes of the E Driving, seeking to change the lane from the two-lane to the one-lane.

They returned to the first lane in the direction of driving, and entered the front side of the Defendant, and died of G Driving's H Truck in the direction of opposite to the wind that goes beyond the center line of the case of Agh and Chin, facing the front side, on the front side, and the Plaintiff's vehicle was damaged to the extent that it is impossible to repair it.

(hereinafter “instant accident”). B.

The plaintiffs are the parents of the deceased, and the defendant is the insurer who has concluded a comprehensive automobile insurance contract on the defendant's automobile.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2-2, 3, 4, 5, 8-11-26, 12, and 16, and the purport of the whole pleadings

2. The plaintiff asserts that the deceased's vehicle was caused by the accident of this case while avoiding the vehicle of this case on the part of the defendant who changed the vehicle line, while the defendant asserts that the accident of this case was caused by the deceased's negligence, and that the driver of the vehicle on the part of the defendant cannot accept the claim because there was no negligence on the part of the deceased, or there was no proximate causal relation between the change of the vehicle line of the

3. In full view of the overall purport of the pleadings as a result of the fact-finding conducted by the court of first instance on the Seoul Special Metropolitan City Branch of the Road Traffic Authority, the Defendant’s vehicle is about 36 km as soon as possible under the circumstance where the direction, etc. on the left-hand side on December 28, 201 is occupied by the direction, etc. on the left-hand side around 08:37:43 on December 28, 201.

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