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(영문) 서울중앙지방법원 2020.05.27 2018가단63496

채무부존재확인의 소

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1. A traffic accident that occurred around September 11, 2018 in the vicinity of the five Gyeongmun-ro, Jongno-gu Seoul, Jongno-gu, Seoul, and around 21:13.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On September 11, 2018, at around 21:13, the Plaintiff’s basic facts: (a) sought to change the vehicle’s lane into four lanes while driving a D-Motor vehicle (hereinafter “Plaintiff’s vehicle”) from the three-lane road near the 5-0-lane Seoul Jongno-gu, Jongno-gu, Seoul, the fourth-lane; and (b) contacted the left-hand side of Defendant’s E-car (hereinafter “Defendant’s vehicle”) driving on the fourth-lane as the part between the right-hand side and the four-lane (hereinafter “instant accident”) by taking into account the absence of dispute between the parties; or (c) it is recognized by taking into account the written evidence No. 1; and (d) Party’s images and arguments as a whole.

2. The plaintiff asserted that the accident in this case is a minor accident where the part on the right side of the plaintiff's vehicle contacted with the left side of the defendant's vehicle even though the defendant's vehicle was damaged or the defendant did not have any different relation, and the defendant sought compensation for damages, such as repair costs and medical expenses, against the plaintiff, and the non-existence of the debt is confirmed.

In regard to this, the defendant suffered from the injury of the crupt and the crush base of the instant accident, and damaged the defendant's vehicle, and the defendant demanded compensation for damages therefrom due to the plaintiff's attack, etc., the defendant was in a crush and was in a pregnancy, and the defendant was in a crush, and the plaintiff was in a crush, and the 664,684,684, 760,369, and 18,000,000 won for the repair expenses (=3 million won per month x 6 months), and the crush amount of 10,000,000 won for the damages to the plaintiff.

3. According to the facts acknowledged prior to the occurrence of liability for damages, the Plaintiff violated the obligation to safely check whether the vehicle in the lane intended to enter is a vehicle and safely enter the lane to prevent the accident, and such mistake was the cause of the instant accident.

Therefore, the plaintiff suffered from the defendant, unless there are special circumstances.