(영문) 창원지방법원 2016.10.14 2016가단110713

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2016.10.14 2016가단110713

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 18, 2012, the instant accident A (hereinafter referred to as “the network”) driven a B-car (hereinafter “the network”) under the influence of alcohol concentration of 0.095% around 04:03, while driving the vehicle under the influence of alcohol on January 18, 2012, and passing the instant vehicle to the right side of the C-driver’s D-motor vehicle (hereinafter “Defendant”), which was driven by a two-lane at a point of 129 km away from the window in the city of Changwon-si in the city of Changwon-si while driving the two-lane at the port of Busan, the vehicle was driven to the right side of the Defendant’s vehicle (hereinafter “Defendant’s vehicle”) with a shock of the right side of the Defendant’s vehicle and driving it to the one-lane, and again stopped the centralized separation zone over the first and second lanes.

(hereinafter referred to as “the primary accident”). E driving a F cab (hereinafter referred to as “Plaintiff”) two minutes after the occurrence of the primary accident, and driving along the said one lane on the said road. Around the first accident, the part on the right side of the Deceased’s vehicle extending over the first and second lanes, which led to the shock of the front part of the Plaintiff’s vehicle. The Deceased’s vehicle moving back to the right side of the four-lane to the right side (hereinafter referred to as “the second accident”) and stopped the last side of the four-lane right side (hereinafter referred to as “the instant accident”). The Deceased died on January 27, 2012 while being treated at the hospital.

B. The status of the Plaintiff is the Plaintiff’s vehicle, and the Defendant is each mutual aid business operator for the Defendant’s vehicle.

C. The heir of the deceased, who paid the Plaintiff’s damages, filed a lawsuit against the Plaintiff for damages arising from the instant accident (Seoul Central District Court 2013Da325717, 2014Na67156), and the court rendered a judgment of winning part of the deceased by considering the deceased’s negligence at 70%, while recognizing the liability for damages by the Seoul Central District Court 201Da350,000 according to the purport of the judgment.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The instant accident, which caused the claim, is the Plaintiff.

유사 판례

-서울중앙지방법원 2018.04.17 2017나72470

-창원지방법원진주지원 2015.07.15 2015가합10106

-서울중앙지방법원 2018.05.31 2017나81245

-전주지방법원 2017.09.22 2016가단11525

-전주지방법원 2020.02.14 2018나13236