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(영문) 서울중앙지방법원 2016.10.07 2015가단83390

채무부존재확인

Text

1. The Defendant: 5% per annum from August 18, 2016 to October 7, 2016 to KRW 1,939,888 to the Plaintiff.

Reasons

1. Basic facts

A. On February 26, 2015, B driven the C urban bus (hereinafter “Plaintiff bus”) on February 11:57, 2015, and the Defendant, who was working for loading and unloading D freight vehicles parked in the roadside area of the road (hereinafter “Defendant truck”) at the central university at the seat of the central hospital located in black seat of Dongjak-gu Seoul Metropolitan Government, while driving a one-lane road in front of the Central University Library 93-1, the C urban bus (hereinafter “Plaintiff bus”), was shocked by the Defendant’s right-hand growth in front of the steering line of the Plaintiff bus, in which the Defendant, who was working for loading and unloading the D freight vehicles parked in the roadside area at the time of the central hospital.

(hereinafter “instant accident”). B.

In the instant accident, the Defendant suffered injuries to the right edge, etc.

C. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement for the Plaintiff bus.

The Plaintiff paid KRW 6,411,390 to the Defendant’s medical expenses until December 1, 2015.

[Reasons for Recognition] Unsatisfy, Gap 1-5, 7 evidence (including each number), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Plaintiff 1) The primary argument of this case occurred entirely by the Defendant’s mistake. The Plaintiff’s driver of the Plaintiff bus, who was standing around the Defendant’s truck at a considerable interval from the Defendant’s truck, was not obligated to drive the Plaintiff’s truck while expected to fall. Even if the Plaintiff’s driver was a fall of the Defendant, the Defendant could not avoid the instant accident on the street, and thus, should be exempted from liability. Therefore, even if the Plaintiff’s conjunctive argument of this case was partially negligent, the Defendant’s damages should be deducted from the Defendant’s damages and the remaining amount should be refunded to the Defendant’s unjust enrichment.