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(영문) 인천지방법원 2015.02.26 2013가단55019

채무부존재확인

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 16,803,460 to the Plaintiff (Counterclaim Defendant) and its related amount from September 17, 2013 to February 26, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with B and C with respect to the insurance period from October 10, 2012 to October 10, 2013.

B. At around 16:45 on April 13, 2013, the Defendant driven a 100 Oral cat 100 Oral cat without a license, carrying D on the above Oral cat cat e, and proceeded at the speed of 50km per hour from the front of the Friju station located in Jung-gu Incheon Metropolitan City, Jung-gu, to the passenger terminal at a speed of 1:3 lanes, one way per hour.

At this point, the overtaking prohibition area is an intersection.

In front of the defendant, B was driving the plaintiff vehicle to make a left-hand turn.

In violation of the duty of prohibition of overtaking, the Defendant moved to the port side of the said Plaintiff’s vehicle, and caused a traffic accident leading to the Plaintiff’s driver’s seat and shocking the front side of the Plaintiff’s driver’s seat.

(The accident of this case).

According to the instant accident, the Defendant suffered bodily injury, i.e., f., f., f., in which there are two or more open situations requiring treatment for about 8 weeks.

From June 28, 2013 to September 16, 2013, the Plaintiff paid a total of KRW 16,145,460 to the Defendant’s medical expenses, and paid KRW 658,00 in total at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 8 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Since the instant accident occurred due to the Defendant’s unilateral mistake, the Plaintiff did not have the obligation to pay the insurance money to the Defendant. Rather, the Defendant is obliged to return the said medical expenses and the repair expenses to the Plaintiff.

B. At the time of the instant accident, the Defendant (the cause of the counterclaim) went slowly in the vicinity of the first line, which is not the median line, while the Plaintiff’s vehicle did not turn on the direction direction, etc., and (2) the Defendant is between the Plaintiff’s vehicle and the center line without knowing that the Plaintiff’s vehicle should turn to the left.