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(영문) 청주지방법원 2021.01.21 2020가단24304
손해배상(자)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 27, 2017, the Plaintiff: (a) driven at COtoba (hereinafter “the instant Oba”) around 10:0, and was injured by the instant accident, (b) going beyond two mouths, the mouths, and the mouths of the inside, while driving a road in front of COtoba (hereinafter “Oba”) toward Fansan-gun at Ehums; and (c) took part in the operation and hospitalized treatment at H hospitals from March 28, 2017 to May 12, 2017; and (d) received the instant accident at Haba in the instant case, where the Plaintiff took part in the first instance of G hospital; (b) had been hospitalized after I in a convalescent hospital; and (e) had been hospitalized at Haba Hospital, H hospital, and JB Hospital; and (e) had been hospitalized at Haba Hospital.

The plaintiff is currently under hospital treatment at the J hospital, which is a rehabilitation care hospital, in a state where communication or walking is difficult.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, Gap evidence No. 2-3, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant driven the K-wing cargo truck (hereinafter "the cargo truck of this case") to overtake the plaintiff's vehicle of this case while facing the plaintiff's vehicle of this case, the defendant is liable to compensate the plaintiff for damages caused by the accident of this case, since the defendant was negligent in failing to perform safety duties such as failing to follow the vehicle in the course of overtaking, or operating the steering gear rapidly, even if it is not shock, and thereby resulting in an accident that goes beyond the center due to the plaintiff's failure to perform the duty of driving safety duties such as failing to follow the vehicle of this case while driving the vehicle of this case in the same direction as the part adjacent to the right side of the cargo of this case.

3. Determination

(a) The main sentence of Article 3 of the Guarantee of Automobile Damage Compensation Act shall be liable for the damage in case where a person who operates an automobile for his own sake has killed or injured another person by the operation thereof;

In principle, the driver's negligence is defined as "the driver's negligence", but the proviso is the same.

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