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(영문) 수원지방법원 안산지원 2017.02.02 2015가단105117

채무부존재확인

Text

1. With respect to the traffic accident described in paragraph 1 of the attached list, the attached Form against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) shall be attached.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff entered into an automobile insurance contract (hereinafter “instant insurance contract”) with a limited liability company 153 sirens (hereinafter “instant sirens”) on the B K5 vehicles owned by the instant sirens company (hereinafter “instant vehicle”).

B. On the other hand, on July 26, 2014, the Defendant agreed to lease a vehicle to play at the Docheon Bathing Beach located in Chungcheongnam-si, Ma, E, and Chungcheongnam-do. Among them, the Defendant only intended to lease a vehicle due to the driver’s license, and the Defendant was a minor and the legal representative required to consent, but the Defendant failed to lease the vehicle without the consent of his father.

Accordingly, C told the Defendant to rent the instant vehicle by using the driver’s license of the passenger ship F, an adult of which he had been on his own, and subsequently, C leased the instant vehicle from 20:40:00 to 21:00 on the day following the following day by driving F in the instant siren.

C. After that, C driven the instant vehicle in order to have the instant vehicle play together with G, and moved to Ansan-si, and at the time when the Defendant started to drive the instant vehicle as Taecheon Bathing Beach after burning G at that place, but at that time, C driven the instant vehicle, at the rest place located in the Do to the Gyeongcheon Bathing Beach, on the ground of the Defendant’s aesthetic ability to drive the instant vehicle, again driven the instant vehicle from the rest place in the Do to the Gyeongcheon Bathing Beach.

C, E, D, and G were driven by the Defendant under the influence of alcohol on July 27, 2014 at the lower seat of the instant vehicle, and C was driven by the instant vehicle and started to run the instant vehicle from the large bathing beach. At the point of 251.4 km on the west Coast Road at around 06:5:00 on the same day, C erroneously operated the steering gear at the point of 251.4 km on the west Coast Road, thereby resulting in a centralized separation zone on the left-hand side.