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(영문) 부산지방법원 2017.11.21 2016가단312048

채무부존재확인

Text

1. With respect to a traffic accident listed in the separate sheet, the Plaintiff’s damage liability against the Defendant shall be KRW 10,495,969 and this shall apply.

Reasons

1. Basic facts

A. On February 28, 2016, at around 16:20, the Plaintiff driven a C-Motor vehicle (hereinafter “Plaintiff”) and proceeded with the Defendant, who was on the side of the road in Busan Jung-gu, while driving on the side of the E-west in Busan Jung-gu.

(hereinafter “instant accident”). (b)

After the accident of this case, the Defendant received medical treatment due to injury, such as the climatic and other drilling disorder, climatic base, tension, etc. accompanied by the nephal ppuri disease certificate.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff asserted that, even if the plaintiff's vehicle was not contacted or contacted with the defendant on the day of this case after passing through the defendant's side, since the defendant suffered minor injuries, the plaintiff did not have any liability to compensate the defendant for damages. Accordingly, the defendant asserts that the accident of this case caused the defendant's injury to the defendant, such as the climatic and other congrosis accompanied by the nephical ppuri disease, the climatic disability, and the tension, etc., and thus, the plaintiff is liable for compensating for damages caused by the accident.

3. Determination

A. The following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the arguments in the statement and video of evidence Nos. 2 and 5, are the result of the police investigation into the accident of this case, namely, that the Plaintiff’s vehicle passes through the road near the location of the accident of this case, and it is investigated that the Defendant’s her her her 's 's 's 's 's 's 's 's 's 's 's 's 's 's' was shocked to the left side of the Plaintiff’s 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '