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(영문) 청주지방법원영동지원 2016.01.15 2014가단962
손해배상(자)
Text

1. The Defendant’s KRW 30,322,329 as well as the Plaintiff’s annual rate from March 23, 2012 to January 15, 2016, and the following.

Reasons

1. Facts of recognition;

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

2) The Defendant is a mutual aid business entity which has entered into a mutual aid agreement with respect to a C-city bus (hereinafter “Defendant vehicle”).

B. On March 23, 2012, when the Defendant’s vehicle driven by D is running along the two-lanes of the two-lane road in front of the F cafeteria in Kimcheon-si, Kimcheon-si, the accident that the rear part of the Plaintiff’s vehicle parked in the center of the two-lane is being driven by the front part of the Defendant’s vehicle (hereinafter “instant accident”).

) A. [A] evidence Nos. 3 (A., No. 8-1, and No. 2 (Traffic Accident Report), etc. to the effect that the Plaintiff’s vehicle immediately before the instant accident was in progress at a speed of 51 to 60km, not at the time the Plaintiff’s vehicle was stopped, and that the Plaintiff’s vehicle immediately before the instant accident was in progress at a speed of 51 to 60km.

그러나 이 사건 사고 당시의 현장 모습이 담긴 동영상인 을 제1호증(동영상 화면)의 영상에 의하면 이 사건 사고 직전 피고 차량이 원고 차량을 향하여 매우 빠르게 접근하였고, 그 충격으로 말미암아 원고 차량이 상당한 거리까지 튕겨 나갔던 사실, 별지 ‘사진’ 목록에서 보이는 원고 차량으로부터 도로 표면에 반사된 불빛이 동영상에서 볼 때 피고 차량과의 충돌 전까지 별다른 변화 없이 일정한 형태를 유지하였던 사실을 알 수 있다.

In addition, considering the fact that even according to the above traffic accident report, the defendant vehicle was in progress at a speed of 61 to 70 km per hour, it is difficult to view that the plaintiff vehicle was in progress at a speed of 51 to 60 km per hour, which is not sufficient in and out of the defendant vehicle, at a speed of 51 to 60 km per hour. Rather, the plaintiff vehicle was stopped at the time.

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