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(영문) 서울중앙지방법원 2017.02.24 2015가단5121228
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. D On October 4, 2014, at around 00:19, driving a Kaman car (hereinafter “Defendant vehicle”) and proceeding three-lanes in front of the Manyang-gu in front of the Manyang-gu, Annyang-si, in the direction of the Manyang-si, with three-lanes of F in front of the Manyang-gu, and received G from the front sidewalk to the front part of the Defendant vehicle.

(hereinafter “instant accident”). B.

G died due to the instant accident.

(hereinafter referred to as “the deceased”). C.

Plaintiff

A is the deceased's spouse, and the plaintiffs B and C are the deceased's children, and the defendant is the insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant's vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 2, the purport of the whole pleadings

2. The plaintiff asserts that the driver of the defendant vehicle failed to perform his duty at the front time, and failed to avoid the accident of this case or to minimize damage by means of discovering the deceased's appearance in the front time, making a sudden operation measure, or taking the hand-on on the left-hand side. ② Since the deceased's failure to take relief measures by delaying a four-minute report after the occurrence of the accident of this case, the driver of the defendant vehicle was negligent in the death of the deceased due to the accident of this case, and therefore, the defendant is liable to compensate for the damage suffered by the deceased and his bereaved family as the insurer of the defendant vehicle.

As to this, the Defendant, as the driver of the Defendant’s vehicle, could not expect that the deceased would not go beyond the roadway on the sidewalk, and even if he was taken the urgent action immediately after the discovery, the instant accident could not be avoided, and ② the driver of the Defendant’s vehicle delayed the report.

The deceased's delay in reporting can not be seen as having reached the death of the deceased, and thus the deceased should be exempted from liability.

3. Determination

(a)in civil trials other than those pertaining thereto;

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