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(영문) 창원지방법원 마산지원 2018.11.08 2018가단102181

채무부존재확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a comprehensive motor vehicle mutual aid agreement with respect to Asi Vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity that entered into a comprehensive motor vehicle mutual aid agreement with respect to B bus vehicles (hereinafter “Defendant vehicle”).

B. On June 14, 2017, around 12:10, the Defendant vehicle: (a) discovered and parked the Plaintiff vehicle that was seeking to change the vehicle from the three-lane to the two-lane, while driving the road on a 54-lane road along the window of Changwon-si, Changwon-si, along the two-lanes in the direction of the Changwon Station; (b) caused the injury to the Defendant vehicle by exceeding the passenger C who was in order to drive the vehicle in the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

The Defendant paid KRW 22,68,810 to C as damages for the instant accident, based on the mutual agreement (hereinafter “mutual agreement”) between the Plaintiff and the Defendant on the deliberation of the dispute over reimbursement of automobile insurance (hereinafter “mutual agreement”), and on January 23, 2018, filed a petition for deliberation of the dispute over reimbursement related to the instant accident with the committee for deliberation on the dispute over reimbursement of automobile insurance (hereinafter “Deliberation Committee”).

On April 2, 2018, the Deliberation Committee rendered a mediation decision that: (a) the negligence of the Plaintiff’s vehicle (Appellee) on the instant accident shall be 75%; and (b) the negligence of the Defendant’s vehicle (Appellant) shall be 25%; and (c) KRW 17,001,607, out of the amount of KRW 22,668,810 paid to C by the Defendant, the Plaintiff shall pay the amount of indemnity to the Defendant (hereinafter “instant mediation decision”).

E. On April 12, 2018, the Plaintiff filed the instant lawsuit by asserting that the negligence of the Plaintiff’s vehicle was 25%, although there was no fault of the Plaintiff’s vehicle in relation to the instant accident, and the Deliberation Committee notified the Plaintiff of the fact that the instant lawsuit was filed with the Deliberation Committee on the same day.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 1 through 11, or the video thereof, the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit is made.