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(영문) 춘천지방법원 2018.01.09 2015가단54090
손해배상(자)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 10, 2014, at around 16:55, the Plaintiff: (a) lent 124cc. 4cc. (E) for leisure from Defendant B to Defendant B’s operation of Defendant B located in Chuncheon-si; and (b) was on board and operated with F.

B. The Plaintiff signed the terms and conditions of lending (No. 5) stating that “this case was lent to any other person, and the Plaintiff shall be liable for all civil and criminal responsibilities in the event of an accident resulting therefrom,” from Defendant B’s borrowing of the instant bar (No. 5).

C. During that period, F transferred F to the right side on the front of the ecological park of the Namcheon-si, Namcheon-si, Namcheon-do, an ecological park of the Namcheon-si, the Plaintiff was on the same day while getting on and on the front of the instant Baak, and the Plaintiff was on driving after F.

(hereinafter “instant accident”). D.

In the instant accident, the Plaintiff suffered injuries, such as the fall of eyesight of the right eye, the alley of the inner and floor closure, and the cerebral pathy of the right eye at the cost of the cerebral mathy.

E. In a traffic accident report (Evidence A No. 1) prepared by a police officer who investigated the instant accident, the reason for the instant accident is stated that only the driver's booms the driver, and that there was no defect of the instant booms or no environmental factor in the road at the time.

F. Meanwhile, the Plaintiff brought an accident in violation of the duty of safe driving while driving the instant bar without a driver’s license, and filed a complaint with the Chuncheon District Prosecutor’s Office as a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, but the prosecutor issued a disposition on May 27, 2015 that “no suspicion is suspected.”

[Ground for Recognition: Facts without dispute, Gap evidence 1 to 3, 6, 10 (including paper numbers), Eul evidence 1, 4, and 5, the purport of the whole pleadings]

2. The plaintiff's assertion

A. The instant accident occurred in violation of the FF’s duty of safe driving while driving the instant bar without a driver’s license, and the following errors of the Defendants also caused the instant accident. As such, the Defendants were to have committed the instant accident.

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