(영문) 창원지방법원 2015.07.01 2014나13574

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(영문) 창원지방법원 2015.07.01 2014나13574

구상금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the owner of BMW R 1200Raba (hereinafter “Plaintiff”) and the Defendant is the insurer who entered into an automobile insurance contract with respect to Crocketing car (hereinafter “Defendant”).

B. On May 30, 2014, around 17:18, there was an accident that conflicts between the upper part of the front part of the Defendant vehicle and the left part of the Plaintiff vehicle on the road in front of the Ecafeteria, which is located in D of the window of Changwon-si, Changwon-si (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Eul evidence 2-1 and 2-1 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the accident of this case occurred while the defendant vehicle, which was going behind the plaintiff's vehicle, was affected by the central line of the central line of the vehicle and returned back to the plaintiff's future, and the driver of the defendant vehicle, was negligent in causing an accident by overtaking the plaintiff's vehicle by overtaking the central line of the first line of the road, which is prohibited from overtaking. Since the accident of this case caused the damage of the plaintiff vehicle and the total amount of KRW 3,240,00 is required as the repair cost and the rental fee, the defendant who is the insurer of the defendant vehicle, is obliged to pay 3,240,000 won to the plaintiff as compensation for damages caused by the accident of this case.

B. The written evidence Nos. 2 and 3 (including branch numbers, if any) alone is insufficient to recognize the Defendant’s vehicle as a harming vehicle of the instant accident, and there is no other evidence to acknowledge it.

Rather, according to the images of the evidence Nos. 2-1 and 2-2, the instant accident appears to have occurred in the course of a sudden stop after the Plaintiff’s vehicle, which was followed by the Defendant vehicle, was overtaking the Defendant vehicle. Therefore, the Plaintiff’s assertion is without merit.

3. The plaintiff's claim of this case is dismissed as it is without merit.

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