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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to CKan-Vehicles (hereinafter “Plaintiffs”).
Defendant A is the owner of DNA Obane (hereinafter referred to as “Defendant”) and Defendant B is the driver of the Defendant’s vehicle.
B. B, around 23:39 on September 12, 201, driven a vehicle on the Defendant’s side, and driven a three-lane on the four-lane road located in Dobong-dong 874-14, Seoul Special Metropolitan City, using the two-lanes from the Jcheon-dong 874-14 on the side of the two-lanes. On September 12, 201, the E-owned Fland car (hereinafter “third vehicle”) parked on the side of the four-lanes at the wind of rapid change of the four-lanes, the G was removed on the road.
C. H, while driving a vehicle on the part of the Plaintiff at the above temporary border and driving a three-lane road on the front side of the Defendant’s side while driving the said three-lane of the said four-lane road, he suffered injury by shocking the G away on the road due to the foregoing accident.
By May 22, 2013, the Plaintiff paid insurance proceeds of KRW 24,828,950 with G medical expenses and the amount agreed upon.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7 (including each number, if any) and the purport of the whole pleadings
2. Although the Plaintiff’s alleged driver of the Plaintiff’s vehicle, H, even though he exercised all care necessary for the operation of the vehicle, was forced due to Defendant B’s unilateral negligence to decrease the victim G from the road due to force majeure. Thus, the Defendant’s driver and the Defendants, who are the owner of the Defendant’s vehicle, shall be exempted from all liability.
3. Determination
(a) In case where any person who operates an automobile has injured another person by such operation, he shall be liable to compensate for the damages;
(The main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act: Provided, That a driver has not been negligent in paying due attention to the operation of an automobile, and a third party.