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(영문) 서울중앙지방법원 2015.02.10 2012가단114248

채무부존재확인

Text

1. As to the traffic accident listed in the attached list No. 1, the Plaintiff’s obligation against Defendant B does not exist.

Reasons

1. Facts of recognition;

A. On February 10, 2012, Defendant B driven a motor vehicle under the influence of alcohol of 0.193% with a blood alcohol concentration of 0.20:30% (hereinafter referred to as “fluoring vehicle”) and driven the road of four lanes 367.7km down from the Busan Fluor Authority point of Busan Fluoron Line, which is located in the fluoral fluoral eculation, at the speed of about 120 km from the eluor of Seoul to the elutoral elus.g., the two lanes to the two-lane.

At the time, night and the surrounding vehicle is driving on the expressway at a speed of 110km per hour, so there was a duty of care to keep the regulatory speed and ensure the safety of the lane by checking well the front left, and to change the vehicle line.

Nevertheless, Defendant B neglected this and changed the lane from the two lanes to the three-lanes, and did not discover the DNA-type car (hereinafter “victimd vehicle”) of Defendant A driving with three-lanes in the same direction, which led to the shock of the front wheel of the damaged vehicle with the front wheel door and the front wheel part of the damaged vehicle. As a result, the damaged vehicle was recovered, resulting in the shock of the damaged vehicle, thereby causing the Defendant A to suffer serious injury, etc. to brain and cerebral brain damage, etc.

(hereinafter “instant accident”). B.

On December 6, 201, the Plaintiff leased a vehicle in the sea to Defendant B on December 6, 201, and according to paragraph (4) of the exemption compensation insurance and the lessee's possession, the Plaintiff's vehicle accident (in the case of an accident and negligence of a third party other than lessee (joint lessee) caused by driving a siren, which is not covered by the insurance.

(hereinafter referred to as “the instant siren contract”). (c)

Eastern Fire & Marine Insurance Co., Ltd. (hereinafter referred to as the "Dong Fire and Marine Insurance Co., Ltd.") shall be related to the damaged vehicle between the Plaintiff and the Plaintiff.