(영문) 서울동부지방법원 2016.08.25 2016가단7129

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(영문) 서울동부지방법원 2016.08.25 2016가단7129

손해배상(자)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

On April 25, 2015, at around 14:30, the Plaintiff was running a dial vehicle owned by himself/herself in the two-lanes of the two-lanes of the rest area B B in Gangwon-gun, Gangwon-gun, and the two-lanes of the two-lanes of the rest area C, and the front wheel of the dump truck was over one-lane.

E was driving a F-motor vehicle at this place, and the driver was able to drive the F-motor vehicle, and the driver was able to drive the said motor vehicle.

(hereinafter “instant accident”). The Defendant is the insurer of the said F vehicle.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the instant accident occurred due to negligence in front of the Plaintiff while driving the said vehicle by E.

The Plaintiff suffered losses of KRW 27,00,000, and medical expenses of KRW 919,362, which are the exchange value of the two-wheeled vehicle owned by the Plaintiff due to the instant accident.

Therefore, the defendant, who is the insurer of the above vehicle, is liable to compensate the plaintiff for damages caused by the accident of this case.

B. The entry of Gap evidence No. 6, which corresponds to the argument that the accident of this case occurred due to the negligence of Jeon Il-ju, is difficult to believe it as it is, as seen earlier, and the entries and images of Gap evidence No. 1 and No. 2 (including each number), are insufficient to recognize it. There is no evidence to acknowledge that the accident of this case occurred due to the plaintiff's negligence of Jeon Il-ju.

Therefore, the plaintiff's claim is without merit.

Rather, according to the evidence Nos. 1, 2, 1, 2, 1, and 2, the plaintiff is found to have been negligent in the accident of this case to E, since the plaintiff is found to have been negligent in driving a dump vehicle and driving a dump vehicle with a vehicle driven by a two-lane vehicle, while he tried to overtake the vehicle in an unreasonable way with a vehicle driven by a two-lane, and the E, which is going beyond a one-lane and is going into a one-lane vehicle, is against the left-hand wheels of the dump vehicle.

3. If so, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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