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(영문) 청주지방법원 2015.04.15 2014가단158398
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 25, 2013, around 20:35, the facts of recognition were as follows: (a) as seen in the C convenience store C in the Gangnam-gu Seoul Special Metropolitan City, Dong-gu and as seen in the attached Table 1 accident site medicine, D vehicles that concluded an insurance contract with the Plaintiff (hereinafter “Plaintiff vehicles”) concluded with the Plaintiff were operated in the direction of Jincheon-si in the direction of East Myeoncheon-do, the Defendant’s two-wheeled vehicle (hereinafter “Defendant vehicle”) in the direction of Jincheon-gu, Jincheon-do, the direction of Jincheon-do.

(A) There are crosswalks in front of convenience points C, and as seen in attached Form 2 photographs, a white light constituting a crosswalk in the road is seven.

At the crosswalk of the above C convenience point, 15 meters away from the Jincheon-gu Cheong-do, the 3-distance intersection and the stop line was installed in front of the above C convenience point.

(갑3) 피고 차량은 횡단보도에 이르기 전부터 진행방향의 반대 방향 차로로 조금씩 꺽어 운행하고 있었고, 위 횡단보도를 진행할 무렵에는 C 편의점쪽에서 건너편쪽으로 도로 내 횡단보도 흰색 실선 3번째와 4번째 사이(내지 4번째와 5번째 사이)에서 왼쪽 방향으로 운행하고 있었다.

At the time, the defendant was driving with drinking alcohol in a state where he was not written.

(4, 5, A12-1-6) At the time of F’s house, the Plaintiff’s vehicle was under direct dust, and F, which was operating the Plaintiff’s vehicle, was driven in the state of drinking-in disease (17:40 per day) and beer 1 cans (18:0-18:30 per day). F’s residence is G in the Yanan City, and the distance from the place to the front day of the above C convenience store is 4.83 km, and the first convenience store appearing from F’s house to C, was well known to F, and it was well known that F was a H restaurant next to C convenience store.

(C) When the Defendant F’s testimony, A5, 7-6, 7-9) is operated from the same location as above to the C convenience point on the crosswalk in front of the C convenience point.

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