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(영문) 대전지방법원 천안지원 2018.01.24 2017가단108390

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) A. D. H. bus around 07:25 on June 19, 2017 (hereinafter “Plaintiff bus”)

2) The Defendant A driven a local road, without the center line in front of the F in the East-dong area in the direction of the luminous area in the direction of the luminous area. (2) At that time, the Defendant A driven a cargo vehicle of G 1 ton (hereinafter “Defendant A”) and proceeded to the left part beyond the center line in the direction of the luminous area in the direction of the luminous area in the direction of the luminous area, and there was a collision between the Plaintiff’s bus’s luminous area and the left part.

(hereinafter “instant accident”). As a result, the Defendants suffered injury on the Defendant’s vehicle.

B. The pertinent Plaintiff is a mutual aid business entity that entered into a mutual aid agreement on the Plaintiff bus.

Defendant B is the spouse of Defendant A, and Defendant C is the child of Defendant A and B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s alleged bus was driven normally, the instant accident occurred as the Defendant’s vehicle completely intrudes on the virtual median line, leading to the Plaintiff’s bus. The Plaintiff bus could not avoid the instant accident. At the time of the instant accident, there was no structural defect or functional impairment on the Plaintiff bus.

The instant accident occurred due to Defendant A’s total negligence and there was no negligence on the Plaintiff’s bus. Therefore, there is no liability for damages against the Defendants, and there is a benefit to seek confirmation, as the Defendants are dissatisfied with this.

B. There is no dispute between the parties that the instant accident occurred due to the Defendant A’s negligence, which occurred due to the Defendant A’s failure to commit the instant accident on the part of the Plaintiff.

Thus, the accident of this case occurred only by Defendant A’s negligence without the negligence of Plaintiff bus.