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(영문) 서울중앙지방법원 2015.12.17 2014가단5086410

채무부존재확인

Text

1. The Defendant’s KRW 25,285,90 as well as 5% per annum from June 20, 2014 to August 28, 2014 to the Plaintiff.

Reasons

1. In fact, A was waiting for driving a vehicle B (hereinafter “victimd vehicle”) at the entrance of the Seoul AFF in Gwangju City at around 14:00 on January 27, 2006, due to an accident in which the D driver’s D in the front is moving down, and caused injury, such as bral dust, fluoral salt, etc. (hereinafter “the first accident”).

E On September 16, 2006, around 16:10, while driving G vehicle owned by himself/herself on the front road of Gangnam-gu Seoul Metropolitan Government on the one-lane side from the Roman distance bank to the one-lane side, while driving at one-lane one-lane from the other side of the e-mail distance, the part of the H driver's IF driver's seat driver's seat driver's car (hereinafter referred to as "Plaintiff's car") who was driving in the opposite opposite lane due to the negligence beyond the central line, was shocked with the front part of the Ha driver's seat driver's seat part in the above G driver's seat (hereinafter referred to as "the second accident"), and as a result, A who was on board the Plaintiff's vehicle was injured by the e-mail, e.g.,

The plaintiff is an insurer who has entered into a mutual aid agreement with H for the purpose of compensating losses under the Guarantee of Automobile Accident Compensation Act with respect to the plaintiff's vehicle.

A filed a claim against the Plaintiff as Seoul Central District Court 2007Kadan17192. On January 12, 2012, the appellate court rendered a judgment ordering A to pay KRW 23,957,111 and its delay damages, which became final and conclusive on May 9, 2012, in Seoul Central District Court 201Na7849 (principal lawsuit), and the appellate court rendered a judgment ordering A to pay KRW 23,957,111 and its delay damages. Although A appealed, the appeal was dismissed on May 9, 2012, and the judgment of the appellate court became final and conclusive as is.

(2) The judgment of the court below which became final and conclusive (hereinafter referred to as "the judgment of the court below in this case"). The judgment of the court below in this case recognized the contribution of the disability A caused by the first and second accidents to 50%, respectively, and ordered the plaintiff to compensate for all damages caused by the second accident except the contribution of the first and second accidents, and the plaintiff also ordered A to compensate for all damages caused by the second accident.