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(영문) 전주지방법원 2015.11.26 2014나8793
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The occurrence of liability for damages;

A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 6, and 14 and Eul evidence Nos. 5 (including additional numbers):

(1) On June 30, 2013, at around 15:40, the Plaintiff driven a Cresha X 4.2 vehicle (hereinafter “Plaintiff-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant (hereinafter “Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant-Defendant (hereinafter “instant accident”). On June 30, 2013, the Plaintiff took place an accident where both sides of the vehicle face each other while driving a DDap vehicle (hereinafter “instant accident”).

(2) At the time, the width of the road at the point where the Plaintiff and the Defendant moved along, is 5.1m. At the time, the left side of the Plaintiff’s vehicle at the time was 2.1m away from the left side of the above road, and the left side of the Defendant’s vehicle at the time was 3m away from the right side of the above road.

(See Evidence No. 5). (3) The accident of this case caused damage to the left-hand side of the Plaintiff’s vehicle of this case, the left-hand fences, etc.

B. The point where the accident occurred in this case is a road where the median line is not installed. As such, the vehicle driving across this place is obliged to follow the direction toward the passage from the center of the road to the right side of the road and drive by carefully examining the other party's vehicle's progress situation. According to the above facts of recognition, the defendant is negligent in driving 2.55 meters away from the center of the road at the point where the accident in this case occurred by 0.45 meters, which is the center of the road at the point of the accident in this case. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff

C. Roads adjacent to the location of the instant accident are not installed with a central line.

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