(영문) 대전지방법원 2017.01.20 2016가단207444

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(영문) 대전지방법원 2017.01.20 2016가단207444

손해배상(자)

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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 05:30 on October 27, 2015, the network D (hereinafter “the network”) was used on the upper floor of the F tezine car (hereinafter “one vehicle”) driven by Nonparty G while driving a H New Dphe truck (hereinafter “two vehicles”) in the same place as the above, while driving at the same location, at the center of the point where the road is set up in the direction at the entrance of the point at which the road is set up in the direction of 1.8km in the direction of the entrance of the entrance of the entrance of the Daejeonnam-dong branch of Daejeon-dong, Daejeon-dong, Daejeon Metropolitan City.

The deceased, who was used on the floor, was over the floor.

C. The Deceased died on his job due to brain and climatic damage, dumposis, etc.

At the site of the accident, I business vehicles presumed to have been driven by the Deceased on the roads below the above site of the accident were discovered.

E. The plaintiff A and B are the deceased's parents, and the plaintiff C is the deceased's punishment.

F. Defendant Hyundai Marine Fire Insurance Co., Ltd. is the insurer of the above one vehicle, and the Korea Freight Trucking Association is the mutual aid business entity for the above two vehicles.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, 8 (including branch numbers; hereinafter the same shall apply), witness E and G testimony, the purport of the whole pleadings

2. Grounds for and determination of the claim

A. Although the plaintiffs asserted that the location of the instant traffic accident is an expressway, the point of the accident is at the point where the speed is limited to 60km/h, and on the day of the accident, the driver was at the same time, and therefore, while the driver was obliged to drive the vehicle under the speed, G was negligent in neglecting the duty of continuous operation and due to the negligence that caused the death of the deceased who was in the process of the request for rescue, and therefore, the defendants, the insurer, are jointly and severally liable for the damages suffered by the plaintiffs.

B. As to whether there was negligence in causing death to drivers of 1 and 2 vehicles by shocking the deceased.

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