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(영문) 서울중앙지방법원 2020.01.22 2019가합575504

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company running passenger transport business, such as village bus operation, and C operated a D Village bus as a driver belonging to the Plaintiff (hereinafter “instant village bus”).

B. (1) On January 24, 2016, at around 21:15, C operated the village bus of this case and proceeded along four lanes near the subway line 2: subway line, which is located in Yeongdeungpocheon-gu, Seoul, Seoul, the head part of E (hereinafter referred to as “the network”) who was placed on the fourth floor of the fourth-lane.

(2) On May 30, 2016, C was indicted of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on the ground that the death of the deceased was caused by the instant accident, but on September 21, 2016, C was sentenced to a judgment of innocence on the ground that “the two imposition of the deceased was conducted on the wheels of the instant village bus and the death of the deceased was proved to have been caused by both sides, but the causal relationship between the deceased’s death and the instant accident was not proven,” and the prosecutor appealed and appealed from the Seoul Central District Court on September 21, 2016.

4. All 28. The above judgment was all dismissed, and it became final and conclusive.

C. (1) On July 6, 2016, an agreement between F Co., Ltd. and the Defendant on the birth G of the Deceased was reached between F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.) who represented the Plaintiff on behalf of the Plaintiff, to pay KRW 350 million for the damages incurred from the instant accident (hereinafter “instant agreement”).

(2) On July 7, 2016, a non-party insurance company paid KRW 350 million as insurance money to the account in the name of the Defendant, the father of the deceased designated by G, who was the father of G.

(3) Meanwhile, at the time of death, the Deceased was his father, the Defendant, H, and the East G as a family member.

[Ground of recognition] Unsatisfy, A(1) through (3)