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(영문) 울산지방법원 2016.02.03 2015가단53956

채무부존재확인

Text

1. On December 8, 2014, between B and C vehicles at the intersection of pule pule pule pule pule pule pule, Ulsan-gun, Ulsan-gun.

Reasons

1. Basic facts

A. At around 06:50 on December 8, 2014, the Defendant is driving the Defendant’s vehicle at the intersection of pule pule pule pule pule pule pule pule pule pule pule pule pule, Ulsan-gun, Ulsan-do, along the two-lanes p

전방에 눈길에 미끄러져 정차된 차량을 발견하고 속도를 늦췄으나, 피고 차량 역시 눈길에 미끄러져 중앙 분리대를 충돌하고 멈췄고, 소외 D은 특별한 사유 없이 버스인 원고 차량을 운전하여 1차로를 따라 주행하고 있었는데, 당시 도로에 눈이 쌓여 있는 상태여서 차량의 속도를 늦추고 충분한 차간 거리를 유지하여 운전하여야 함에도 이를 게을리하였고, 추월 등의 사유가 없는 한 2차로를 따라 주행하여야 함에도 특별한 사유 없이 1차로를 따라 주행하다,

Plaintiff

The defendant vehicle in the front section of the vehicle was found to be late, and the vehicle was rapidly operated, but it was turned off, and the defendant vehicle was not avoided and the collision was made as it is.

(hereinafter “instant accident”). B.

The Plaintiff is an insurer who entered into an insurance contract with respect to the Plaintiff’s vehicle, and the remaining value of the Defendant’s vehicle after the instant accident is KRW 2,00,000, there is no dispute between the parties.

[Reasons for Recognition] Uncontentious Facts, Evidence A 1-2, Evidence A-2, and each video verification by this Court, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of the occurrence of liability and the limitation thereof, since the accident of this case occurred by negligence of D, the plaintiff is liable to compensate for the damage suffered by the defendant (the damage of the defendant's loss, loss, consolation money, etc. caused by the accident of this case was already agreed upon).

However, since the accident of this case occurred in the state of collision and stopping with the central separation zone, the defendant's responsibility is limited to 90%.

B. The repair cost of the instant vehicle is KRW 11,401,140, and the remaining value of the instant vehicle is 2,000,000.