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(영문) 대구지방법원 2020.07.03 2019가단7096

채무부존재확인

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1. The Plaintiff’s obligation to pay insurance money to the Defendant for an accident listed in the separate sheet does not exist.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a motor vehicle mutual aid contract with Nonparty E (owner) and the F vehicle owned by him (hereinafter “Plaintiff bus”), and the Defendant is a passenger boarding the Plaintiff bus.

B. On January 7, 2016, at around 13:30, the Defendant sustained injury, such as “a multi-fracks, including two woos on the side of the side,” where the bus stops at the Plaintiff bus operating in front of the Daegu Suwon-gu G, and where the bus stops, leaving the entrance door to the seat to get out of the seat to get out of the seat.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 5 (including branch numbers), Eul evidence Nos. 1 through 2, and the purport of the whole pleadings.

2. Assertion and determination

A. The parties’ assertion asserts that “The Plaintiff paid KRW 27,016,490 in total to the Defendant’s medical expenses until December 30, 2019, and considering the Defendant’s negligence 20% and the Defendant’s contribution of KRW 75%, the Plaintiff does not have an obligation to pay the insurance proceeds to the Defendant regarding the instant accident.”

In regard to this, the defendant asserts that "the defendant has continued to provide pains on the boness of the Gule and Heli, until now, and there is no negligence of the defendant in relation to the accident of this case, and the plaintiff is obliged to pay the defendant medical expenses, future medical expenses, transportation expenses, etc. for the outpatient treatment."

B. (1) According to the above facts finding that liability for damages occurred, the accident of this case occurred due to the negligence of the Plaintiff bus driver who should drive safely so as not to go beyond passengers. Thus, the Plaintiff, the insurer, is liable to compensate for the damages suffered by the Defendant due to the accident of this case.

(2) Limit of liability, however, according to the evidence mentioned above, the Defendant also went beyond the bus in operation.