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(영문) 대전지방법원 천안지원 2018.11.14 2017가단7367
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. 1) The Plaintiff is a party-based bus B (hereinafter “instant bus”) that is owned by the fright passenger between the fright passenger company and the fright passenger company

2) The Defendant is the owner and the driver of a sports self-motor vehicle (hereinafter “Defendant”) in the C Coin as well as the owner and the driver of a sports self-motor vehicle.

B. (1) On October 4, 2014, the driver D, who belongs to a new passenger, is driving the instant bus on or around 13:20 on or around October 4, 2014, is a G (hereinafter “victim”) who walked on the road to the right side of the instant bus while driving the road of the first six-lane road in front of the city in the west-gu, East-gu, East-gu, Dong-gu, Seoul along one lane in the direction of the central market.

2) The left-hand bridge part of the instant bus is an accident that is attributable to the station after shocking the front side of the instant bus (hereinafter “instant accident”).

2) The victim suffered injury, such as cutting the left-hand bridge due to the instant accident.

C. At the time of the instant accident, the Defendant’s vehicle located at the location of the Defendant’s vehicle was parked in the part 12 marks, which is the road edge area separated from yellow lines, after immediately after the occurrence of the accident, as shown in the attached Form traffic accident report at the time of the instant accident.

The back part of the driver's seat and driver's seat of the defendant vehicle was located on the road beyond the yellow domin line.

From April 13, 2015 to June 23, 2017, the Plaintiff paid KRW 105,838,960 to the victim as damages for the instant accident.

【Ground of recognition】 Evidence Nos. 1 through 3, Eul evidence No. 1 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of the instant accident, the Defendant parked the Defendant’s vehicle in violation of the Road Traffic Act as follows.

1) The defendant under Article 2 subparagraph 11 of the Road Traffic Act (Article 2 of the Road Traffic Act, 11.1).

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