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(영문) 서울고등법원 2016.12.28 2014나13770

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

Attached Form 1 concerning traffic accidents listed in the list of paragraph (1).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff entered into a mutual aid agreement between the Plaintiff and C with C, the owner of the Plaintiff’s private taxi (hereinafter “Plaintiff”). The Plaintiff entered into a mutual aid agreement with the Plaintiff with respect to the Plaintiff’s vehicle, as described in attached Table 2.

B. A traffic accident occurred on January 29, 2009, when driving the Plaintiff’s vehicle and driving it on the two-lanes of the two-lanes of the D apartment 1608, Seoyang-gu, U.S., U.S., the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes, but the two-lanes were prohibited, but the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lane, U.S., U.S., the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the vehicle, and

C. The Defendant, due to the instant accident, was hospitalized at the Indones Hospital of Man-do University on Jan. 30, 2009, after being hospitalized at the Indones Hospital of Man-do University on Jan. 30, 2009, and around Feb. 4, 2009, after being hospitalized at the Indones Zone of Man-don University on the scam, cambling damage, scamcam damage, scambling damage, scam, scam, scambling, and surrounding scambling.

B. The Defendant was hospitalized in the Japanese National University Mangsan Hospital, etc. for 23 days from January 30, 2009 to February 21, 2009 and 3 days from July 25, 2010 to July 27, 2010, and received medical treatment from the Japanese National University Mangsan Hospital, etc. until May 20, 2013.

【Ground of recognition】 Evidence Nos. 1 through 3, Evidence Nos. 5, and inquiry results to the chief of the Japanese police station at the court of first instance, the purport of the whole pleadings

2. According to the facts of recognition as above, the accident of this case is an alteration of course in which C attempted to make a U-turn by changing the tea at a place where U-turn is prohibited.