부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
The reasoning for the court's explanation of this case is as follows, with regard to the time of the accident in this case, the following judgment is added, and the judgment of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, except that "the estimate of the repair cost by this case was approximately KRW 2.4 million and the above vehicle driver was hospitalized at the hospital after the accident in this case and the plaintiff did not raise any particular objection" as stated in the main sentence of Articles 420 of the Civil Procedure Act.
The plaintiff asserts that the time of the accident in this case is 20:56:28 of the bus booms video (Evidence No. 5) according to the results of the fact-finding by the National Scientific Investigation Agency of the Party.
The defendant asserts that the accident of this case occurred at around 20:50 and that since the above black images were taken after the accident, they cannot be considered as the judgment data of this case.
The most important material to specify the place and time of the instant accident at the time of the accident is the statements (No. 11-5, 6) made by the relevant persons at the police station following the date of the accident, and the report of the traffic accident and the report of the actual situation (No. 11-2, 3) made on the basis of the statements of the relevant persons (No. 11-5, 6) and the video of the instant bus (No. 13).
The instant accident occurred in a short time, and the testimony at the first instance court of E and C was made one year after the time of the accident, and its accuracy is reduced.
The defendant and driver C, who was on board the bus of this case, have stopped the bus at the bus stops in front of Sungnam viewing at the police station following the accident, and have changed the bus from five lanes to the left turn to the left turn from the right-hand turn in the direction of the village.