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(영문) 서울중앙지방법원 2019.08.21 2018가단5166024

채무부존재확인

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Around 16:40 on April 28, 2018, the occurrence of an accident D driven by the E-city bus (hereinafter “Plaintiff-vehicle”) and driven the front road of Dongjak-gu Seoul Metropolitan Government in the direction of anti-control in the direction of the old-speed basin. Around the process of changing the course from the three-lane road to the one-lane, the Defendants’ G low-speed vehicle (hereinafter “Defendant-Defendant vehicle”) parked in the front direction was shocked on the left-hand side of the Defendants’ G high-speed vehicle (hereinafter “Defendant-Defendant vehicle”).

(hereinafter “instant accident”). The Plaintiff is a person who entered into a motor vehicle mutual aid agreement with respect to the Plaintiff’s vehicle.

B. Following the instant accident, Defendant B received medical treatment from H Hospital from May 1, 2018 to June 2, 2018, and from the general hospital and council members on May 9, 2018, respectively. On May 7, 2018, Defendant C was diagnosed as salt, tension, brain-dead, and dysium, etc. on the following occasions: Defendant C received medical treatment from an I Hospital, J Hospital, K Hospital, and H Hospital from May 1, 2018 to June 29, 2018; and was diagnosed as tension and tensions by around May 4, 2018.

After the instant accident, the Plaintiff paid KRW 645,520 as the medical expenses of Defendant B until July 20, 2018, and KRW 972,970 as the medical expenses of Defendant C until July 20, 2018.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 7, each entry and video (including each number), the purport of the whole pleadings]

2. The plaintiff asserted that the accident in this case was a minor contact with the defendants that did not reach the degree of injury, and that all the injury and treatment related to the injury suffered by the defendants do not have causation with the accident in this case. Thus, the plaintiff did not have a liability to compensate the defendants in relation to the accident in this case.

As to this, the Defendants did not have any easy accident, and the Defendants received medical treatment due to the instant accident, such as a dog and a shoulder part, etc., and the Plaintiff.