Plaintiff 1 and one other (Law Firm National Law, Attorney Do-young et al., Counsel for the plaintiff-appellant)

Samsung Fire and Marine Insurance Co., Ltd. (Attorney Hong-soo, Counsel for defendant-appellant)

September 10, 2009

Chuncheon District Court Decision 2008Gadan13237 Decided March 27, 2009

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The defendant's compulsory execution against the plaintiffs pursuant to the letter of decision in lieu of mediation 2003Kadan7367 dated April 28, 2004 against the defendant is dismissed.

2. Purport of appeal

The judgment of the first instance is revoked. All of the plaintiffs' claims are dismissed.

1. Quotation of judgment of the first instance;

The reasoning of this court's decision is as stated in the reasoning of the first instance court's decision in addition to adding the judgment under Paragraph 2(b)(the part concerning defendant's defense) at the end of the second instance court's decision (the part concerning judgment on defendant's defense), and therefore, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

2. Parts to be considered in addition to the trial.

Meanwhile, according to the statement prepared by Nonparty 2, the injured party at the time of the instant accident, Nonparty 1 (the Nonparty of the judgment of the Supreme Court) was engaged in the work of spreading sand on the road side without going through the ice on the road at the time of the instant accident. However, it is difficult to view that Plaintiff 2’s driving car was flicking the central line and flicking on the road and shocking the injured party on the road. However, even if the family facts are the same as the above statement, it is difficult to deem that Plaintiff 2 was grossly negligent, which serves as the requirement for non-exclusive exemption.

3. Conclusion

Therefore, the plaintiffs' claims of this case are accepted in its entirety on the grounds of its reasoning, and the judgment of the court of first instance is just and it is dismissed as the defendant's appeal is without merit. It is so decided as per Disposition.

Judges Kang Young-ho (Presiding Judge)