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(영문) 수원지방법원 2016.11.17 2016가단508139

채무부존재확인

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1. As to the accident described in the attached Form, the Plaintiff (Counterclaim Defendant)’s counterclaim.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract for AK5 automobiles (hereinafter “Plaintiff”), and the Defendant Federation is a mutual aid business entity which entered into a mutual aid agreement for B buses (hereinafter “Defendant bus”); Defendant Mussan is the owner and operator of the Defendant bus; and Defendant Mussan is C’s user who is the driver of the Defendant bus.

B. D, around 17:00 on September 21, 2015, driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle as a bus-only lane near the Gyeong-dong Highway located in the Gyeong-dong Highway as a bus-only zone. D was stopping on the bus-only lane in order to turn the vehicle into two-lanes on the right side where the vehicle was stopped.

At that time, the driver of the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

However, the driver C of the Defendant bus who has driven the exclusive bus in the same direction did not avoid the express bus parked in the front, and led the rear part of the express bus to the front part of the Defendant bus, and due to the shock of the drilling, there was a traffic accident that shocks down the front side of the Plaintiff bus while the express bus was pushed down in the front side of the Defendant bus.

(hereinafter referred to as “instant accident”) a series of accidents

According to the accident of this case, passengers and drivers on board the passenger bus, and passengers on the defendant bus were injured, and the members, express bus, the plaintiff vehicle, and the defendant bus were destroyed, respectively.

On November 20, 2015, Defendant Sasan Tourism paid the sum of KRW 20,000,000 to Orasan Maintenance Co., Ltd. due to the repair cost of the Defendant bus, and the Defendant Federation paid the F, which is a member of the high-speed bus driver.