(영문) 서울중앙지방법원 2014.10.10 2013가단180921

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(영문) 서울중앙지방법원 2014.10.10 2013가단180921

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. Facts of recognition;

A. Around 02:40 on December 9, 2012, F (hereinafter referred to as “the network”) driven a G MM5 car (hereinafter “Plaintiff”) and driven a two-lane road (hereinafter “Defendant”) in front of the PM5 car (hereinafter “Defendant vehicle”) in front of the PM5 car (hereinafter “Defendant vehicle”) in the direction of the Plaintiff’s front part of the PM5 car (hereinafter “Defendant vehicle”) where the Plaintiff died as a result of the collision.

(hereinafter “instant accident”). (b)

The plaintiffs are children of the deceased, and the defendant is the insurer who has concluded a comprehensive automobile insurance contract with the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 10, Eul evidence No. 1 and video (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, the Plaintiffs were at the time of the instant accident, while the Plaintiff’s vehicle was travelling along a normal lane and was stopped on the road in the reverse direction due to the causes such as the third accident, etc., but the Defendant’s driver was negligent in driving the vehicle on the front direction, etc., and the accident occurred due to the Plaintiff’s negligence in driving the vehicle at the time of the accident.

Even if the driver of the defendant vehicle could avoid the collision, he/she is negligent in failing to do so.

Therefore, the defendant, the insurer of the defendant vehicle, asserts that the plaintiffs are liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved family members due to the accident of this case.

B. As to this, the defendant asserts that the accident of this case occurred due to the whole negligence of the deceased who driven the station line with the central line, and that the driver of the defendant vehicle cannot respond to the plaintiffs' claim, since there is no negligence on the part of the driver of the vehicle.

3. The Plaintiff’s vehicle at the time of the instant accident.

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