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(영문) 대전지방법원 2016.06.15 2013가단38531

채무부존재확인

Text

1. As to the traffic accidents listed in the separate sheet 1, the motor vehicle mutual aid agreement listed in the separate sheet 2 shall be followed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and Sam Young Transport Limited Partnership concluded a motor vehicle mutual aid agreement (hereinafter “instant mutual aid agreement”) with respect to the motor vehicle B owned by the said company (hereinafter “Plaintiff taxi”), such as the attached Table 2 as shown in the attached Table 2.

B. Around 23:00 on March 6, 2013, while driving the Plaintiff taxi and making a left-hand at the right-hand direction in the front direction of the Man-Dong-dong Old Day, Daejeon, the entire part of the Defendant’s Driving Dalb (hereinafter “Defendant Oalb”), who was in the direction of the human-intersect in the direction of the front direction, conflict with the part on the left-hand side of the Plaintiff taxi, and the Defendant suffered from the injury, such as the escape certificate of conical signboards, the escape certificate of conical signboards, and the escape certificate of conical signboards.

(hereinafter referred to as “instant accident”), . [Grounds for recognition] without dispute; Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including serial numbers; hereinafter the same shall apply); the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. According to the facts of recognition of liability, the Plaintiff is liable to compensate the Defendant for the damages caused by the instant accident, unless there are special circumstances, as the insurer of the Plaintiff taxi.

B. The Plaintiff’s limitation of liability asserts that the Defendant’s fault should be 50% in light of the fact that the place of the instant accident is not an intersection passed by a normal signal apparatus, and that the Plaintiff had priority in passing the Plaintiff taxi, but the Defendant’s fault should be deemed to be 50% in light of the fact that the Plaintiff had priority in passing the Plaintiff taxi. However, according to the written evidence No. 1, No. 4-1 through No. 4, and No. 10, the Plaintiff taxi continues to turn to the left at the place of the

In full view of these circumstances, the defendant's compensation liability under this accident is 30%. The defendant's compensation liability under this accident is 30%.