beta
(영문) 의정부지방법원 2016.01.26 2014가단44529

채무부존재확인

Text

1. The Plaintiff’s liability for damages against the Defendant does not exist with respect to the accident stated in the attached sheet.

Reasons

1. Basic facts - Around 20:05 on September 5, 2014, a village bus owned by the Plaintiff, driving a bus, which is a village bus owned by the Plaintiff, and driving a road located in 119 as the sub-Eup, Seoyang-si, Nam-si, Namyang-si, bypassing the road located in the 119-ro, from the Dolsan elementary school bank to the sub-deduc three streets, the Defendant suffered injury by the Defendant who was on the roadside side of the instant bus.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. Since the defendant's assertion that the above accident occurred in violation of D's duty of care, the plaintiff, the holder of the above bus, is liable to compensate the defendant for the damages suffered by the defendant due to the above accident.

B. Each statement of evidence Nos. 1 and 2 alone is insufficient to recognize the fact that the above accident occurred in breach of the duty of care D, and there is no other evidence to acknowledge otherwise.

(E) In light of the witness F’s testimony in the video of the evidence No. 1, the above accident can only be acknowledged as being caused by the Defendant’s fault on the side of the lane when the bus passes the front of the Defendant. Therefore, as long as the Defendant’s assertion is without merit, and as long as the Defendant asserts the Plaintiff’s liability for damages, the Plaintiff has the interest to seek confirmation that the Defendant did not bear the liability for damages due to the above accident.

3. If so, the plaintiff's claim of this case is justified.