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(영문) 수원지방법원 2016.04.08 2015나12663
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On April 10, 2014, the Plaintiff driving a C Vehicle (hereinafter “Plaintiff”) around 10:58, along the two-lanes of the two-lane road in front of the Central Police Station in Overcheon-si, the Plaintiff is driving along the two-lanes of the two-lane road in front of the Central Police Station in Overcheon-si.

On the stop signal of the viewing distance intersection in the front line, the vehicle stopped and passed the intersection in the straight line, and entered the one lane in front of the front of the front of the viewing line.

B. Around that time, the Defendant driven a D vehicle (hereinafter “Defendant vehicle”) and proceeded to the left-hand exclusive lane, which is the left-hand left-hand turn, which is the two-lane road in front of the said Ocheon Police Station. The Defendant: (a) passed the Viewing street from the left-hand edge of the Plaintiff’s vehicle to the front-way of the Plaintiff’s vehicle in straight line, such as the Plaintiff’s vehicle; and (b) came to the front-way of the Plaintiff’s vehicle at a speed lower than the Plaintiff’s vehicle prior to the end of the intersection at the time of the completion of the intersection.

C. As the Defendant’s vehicle starts ahead of the vehicle’s 1/2 volume of the vehicle compared to the Plaintiff’s vehicle, the Plaintiff thought that the Defendant’s vehicle violated the lane, and thus, caused a low speed on the Defendant’s vehicle by soundinging the border area several times, and as a result, the Plaintiff’s vehicle entered the front of the Defendant’s vehicle, while the space to proceed any longer due to the block of India’s delivery, there was an accident where the lower part on the left side of the Plaintiff’s vehicle and the front part on the right side of the Defendant’s vehicle are shocked (hereinafter “instant accident”).

[Ground of recognition] Unsatisfy facts, Gap evidence 1, 2, Eul evidence 2, 3, and 5 (including branches number), each of the statements and images, Gap evidence 4, 7, Eul evidence 5, the whole purport of the arguments, as a result of each verification of Gap evidence 4, 7, and Eul evidence 5

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred by the parties is normal driving along the Defendant’s vehicle, which was in the exclusive lane for left-hand turn, passes the intersection by straighting along the intersection, and makes it unreasonable to the one-lane road.

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