채무부존재 등 확인
1. The Plaintiff (Counterclaim Defendant) paid KRW 22,842,581 to the Defendant (Counterclaim Plaintiff) and its amount from June 8, 2015 to August 31, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On June 8, 2015, around 08:10 on June 8, 2015, the Plaintiff-affiliated taxi C driven a B-si owned by the Plaintiff (hereinafter “Plaintiff-owned”) and was driving the alleyway in front of the new life training association in the direction of the Dong Asia apartment in Gangseo-gu Seoul Gangseo-gu, Gangseo-gu, Seoul, in the direction of the network company, discovered the Defendant who was trying to cross the crosswalk while getting a bicycle from the delivery along the direction of the Plaintiff’s driving, and suspended the passage of the crosswalk.
However, the defendant was forced to stop the plaintiff's vehicle, and as a result, the bicycle rear wheels, and the defendant exceeded the road and suffered bodily injury, such as clibling, etc.
(hereinafter “instant accident”). (b)
According to the traffic accident report (on-site investigation report) about the accident of this case, the intensity of the accident site is as shown in the attached Form.
Plaintiff
The right-hand side of the vehicle is installed with a wall and fence, so the delivery part of the right-hand side is not well visible, and the crosswalk immediately before the crosswalk is installed with a safety sign "stop", and there is a reflect light toward the right-hand side of the crosswalk.
C. On June 30, 2016, C was sentenced to a fine of KRW 700,00 as a criminal fact (violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) that “The instant accident was caused by violating the duty of care to prevent the accident by temporarily stopping the crosswalk and the safety mark according to the direction indicated by the above safety mark, after checking the presence of a pedestrian or a vehicle crossinging the front door and the right and the right and the right and the right and the right and the right and the driving of the vehicle, etc.
(Seoul Southern District Court 2016Gohap456). [Reasons for Recognition] No dispute, Gap evidence Nos. 2, 3, Eul evidence Nos. 1 through 7 and the purport of the whole pleadings.
2. The parties' assertion
A. There is no stop line on the crosswalk in which the Plaintiff’s assertion of the instant accident occurred, and the Plaintiff’s vehicle shall stop in front of the crosswalk.