beta
(영문) 수원지방법원 2016.10.27 2016나1158

손해배상(자)

Text

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.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff is the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”).

A) On December 30, 2014, around 13:30 on December 30, 2014, the driver was driving and driving at the first line of the road in front of the branch office of the Corporation of the Bank of Korea, Jung-gu, Sungwon-gu, Sung-dong. However, the driver was driving at the second line of the vehicle C (hereinafter referred to as “Defendant vehicle”).

(B) The Plaintiff 1 met the Plaintiff 1 to left left and shocked the Plaintiff 1 (hereinafter “instant accident”).

(2) As such, the Defendant, the insurer of the Plaintiff, has the obligation to pay the said money and the damages for delay thereof to the Plaintiff. 2) As to this, the Defendant asserted that the Defendant, in conflict with the Plaintiff’s vehicle, was normally placed on the first line, but the Plaintiff’s vehicle, which was stopped from the left line at the intersection, attempted to enter the Defendant’s first line by overtaking the Defendant vehicle by crossing the intersection and passing the vehicle at the left line at the intersection.

B. In full view of the overall purport of evidence Nos. 3, 4, and 5, as well as evidence Nos. 1 and 7, the Plaintiff’s allegation that the Plaintiff suffered damages of KRW 1,034,00 due to the collision between the Plaintiff’s vehicle and the Defendant’s vehicle. However, it is insufficient to acknowledge the Plaintiff’s assertion that the video of each of the above evidence and evidence No. 8, which caused the Plaintiff’s shock of the Plaintiff’s vehicle by entering the Defendant’s vehicle from the second line to the first line, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.