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(영문) 수원지방법원 2017.11.17 2014가단516730

채무부존재확인

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 45,744,477 and its corresponding amount from May 6, 2006 to November 201, 2017.

Reasons

1. Determination of the origin and counterclaim of the basic fact, the occurrence of liability for damages, together.

The plaintiff is the insurer who entered into a comprehensive motor vehicle insurance contract with the non-party B and its owner C (hereinafter referred to as the "insured motor vehicle") on October 29, 2005 with the insurance period of 12 months from the purchase date, and the defendant is the victim who suffered an injury due to an accident described in the separate sheet that occurred around May 6, 2006.

B. At around 19:30 on May 6, 2006, D, the driver of the insured vehicle in this case’s liability for the occurrence of a traffic accident and the Plaintiff’s damage, as indicated in the separate sheet, drive C in the direction of the original phase from the two sides of the Doe-si, Gyeonggi-do, which is the first line of the road of the Doe-si, G, in the direction of the original side of the road of the Gue-si, G, in the direction of the Gue-si, G, in the direction of the Gue-si, in the direction of the front side of the Gue-si, and in the direction of the main phase of the vehicle, the driver of the insured vehicle in this case was over the center line due to the violation of the duty of the front side of the Gue-si, in the direction of the operation of the Gue-si, G, in the direction of the front side of the Gue-si, and the Defendant suffered from stress and stress in the front side of the vehicle in this case.

C. According to the above facts, the Plaintiff is an insurer who entered into a comprehensive insurance contract with respect to insured vehicles unless there is any special reason such as the insurer's exemption, and is liable for damages incurred by the Defendant under the Guarantee of Automobile Accident Compensation Act and the Civil Act.

[Ground of recognition] The facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 5, Eul evidence 9 (each number is included; hereinafter the same shall apply), and the purport of the whole pleadings.