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(영문) 대구지방법원 2017.10.24 2015가단123150

채무부존재확인

Text

1. B SKY750.07 On September 11, 2015, the operation of A truck at a rest area of the 174 door-to-door metropolitan highways around the 00:07 door-to-door and the 174 door-to-door metropolitan highways.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the owner of B vehicle (hereinafter “Defendant vehicle”).

B. On September 11, 2015, at around 00:07, C driven the Plaintiff’s vehicle and operated the Plaintiff’s vehicle in the parking lot for the booming bus parking lot for the 174 Gabbing Highway in the Jung-si, Jung-gu, Seoul, the Plaintiff’s vehicle shocked the Plaintiff’s left side of the wing wing wing.

(hereinafter “instant accident”). C.

On the 12th of the same month following the day, D, a land owner of the Defendant vehicle, entered into the Y center in Hoho-gu, Daegu-gu, ASgu, Inc. in order to repair the Defendant vehicle, but the said center did not have any equipment to repair the Defendant vehicle, and it entered into the head office in the Yan-si, Kim Jong-si, Kim Jong-si, the Defendant vehicle entered into the head office in the Yan-si, Kim Jong-si, which was located in the Yan-si, and was released on October 1, 2015, and was released from the 19th of

D paid 20,038,700 won at the repair cost of the Defendant’s vehicle to Hoho, YY Co., Ltd., and the payment method was paid in cash to KRW 8,000,000 among them, and the remainder was paid as cool for boom boom repair provided once per vehicle at the new vehicle purchase.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 4, 6, 8, 9, 10, and 11, and the purport of the whole pleadings

2. According to the facts of recognition as above, C, the driver of the Plaintiff’s vehicle, caused the instant accident due to the negligence of driving the Plaintiff’s vehicle due to negligence, such as the front and rear left, etc., and thus, the Plaintiff is obligated to compensate for all the damages suffered by the Defendant as the insurer under the comprehensive automobile insurance contract for the Plaintiff

However, in parking at night, the driver of the defendant vehicle shall also park the parking line without taking measures, such as light lights, flagpole, and sign at the edge of boom booms, which are protrudinger than the main body of the vehicle.