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(영문) 서울동부지방법원 2021.01.15 2020가단109169

채무부존재확인

Text

On November 21, 2019, F Two-wheeled Automobiles conflict with the intersection located in Songpa-gu Seoul Metropolitan Government E around 21:50.

Reasons

1. Occurrence of liability for damages;

A. 1) On November 12, 2019, the Plaintiff driven a two-wheeled automobile (hereinafter “Plaintiff Otoba”) around 21:45 on a two-wheeled vehicle (hereinafter “Plaintiff Otoba”) and runs to the port from the right side of the direction of the Plaintiff Otoba, while driving a one-way road toward the head park management office at the intersection in Songpa-gu Seoul, Songpa-gu, Seoul, along the elbow’s park.

G Motor Vehicle (hereinafter “Defendant Motor Vehicle”) shocked the left side of the G Motor Vehicle (hereinafter “Defendant Motor Vehicle”) into the front part of the Plaintiff Obane (hereinafter “instant accident”). 2) The Defendant, who was on the back seat of the Defendant Motor Vehicle, was injured by the Defendant’s injury to the escape of the Obane signboard.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above recognition and scope of liability, the Plaintiff was injured by the Defendant due to the operation of the Plaintiff Oral Ba, and thus, barring any special circumstance, the Plaintiff is liable for compensating the Defendant for the damages caused by the instant accident as the Plaintiff Oral Ba, as the driver of Oral Ba.

2. Except as otherwise stated below within the scope of liability, each item of the Schedule for Calculation of Compensation Amount for Attached Damage shall be the same as that of the corresponding item, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be governed by the discount law that deducts the interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

[Ground of recognition] Unsatisfy facts, Eul's evidence Nos. 3, 5, and 6, the result of the court's commission of physical appraisal to H hospital heads, significant facts, empirical rules, and the purport of the whole pleadings

A. Personal information of the Defendant’s lost income 1) is as indicated in the column for “basic matters” in the calculation sheet of the amount of compensation for damage.

2) Income and operating period of the Defendant at the time of the instant accident, the Defendant, at the time of the instant accident, shall I.