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(영문) 인천지방법원 2020.02.12 2019나2384
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who drives a passenger car in CV (hereinafter “Plaintiff”) and the Defendant is a person who operates D E company buses (hereinafter “Defendant bus”).

B. On August 4, 2017, the Defendant bus: (a) changed the course from the three-lanes to the two-lanes near the Incheon Gyeyang-ro 21-ro Intersection Park 4, the two-lanes, and (b) there was an accident of insignificant conflict with the Plaintiff’s vehicle running the two-lanes (hereinafter “instant accident”).

C. After that, the Plaintiff filed a criminal complaint against the Defendant on charges of committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc.) with respect to the Defendant on January 15, 2018, the Incheon District Prosecutors' Office that investigated the instant accident on the grounds that the Defendant had been suspected of having violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Traffic Accidents (Aggravated Punishment, etc. of Specific Crimes) against the Defendant on the grounds that he/she had not been prosecuted on the grounds

On the other hand, the Plaintiff was paid KRW 500,000 as the substitute for the Plaintiff’s vehicle on November 2017, by verifying the rate of negligence (30% of the Plaintiff’s vehicle and 70% of the Defendant bus) on the condition that the Plaintiff did not receive the substitute compensation, by proceeding with the FFF Financial Cooperative, which was admitted to the Defendant bus.

[Ground of recognition] Evidence Nos. 1, 2, 10, 12 (including partial numbers), Eul evidence Nos. 1 and 2, Gap evidence Nos. 3 and 13, Eul evidence No. 3, and there is no dispute

2. Due to the instant accident that occurred due to the Defendant’s unilateral cause attributable to the Plaintiff, the Plaintiff suffered a considerable injury, and the Plaintiff’s vehicle also suffered a loss that requires repair of KRW 1,005,254.

Nevertheless, the defendant is immediately after the accident of this case.

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