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(영문) 서울중앙지방법원 2014.08.13 2012가단5148987

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant)’s obligation to compensate the Defendant (Counterclaim Plaintiff) regarding the attached Form of traffic accident.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. 1) B is a vehicle C around January 14, 201, 202:56 (hereinafter “Plaintiff vehicle”).

) A driver of Jongno-gu, Seoul, while driving a road adjacent to Jongno-gu, Jongno-gu, Seoul, while changing the vehicle, caused the Defendant to suffer injury, such as knee knee knee knee knee knee knee kne knee knee kn, the lower part of the Defendant’s driver’s seat (hereinafter “instant accident”).

(2) The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

B. According to the facts of recognition as the basis of liability, the Plaintiff is liable for damages sustained by the Defendant due to the instant accident as the insurer of the Plaintiff’s vehicle.

C. However, according to the above facts and the evidence, the defendant neglected his duty to drive safely in preparation for the change of the vehicle in a sudden line, and thus, it is reasonable to consider the amount of damages in determining the amount of damages. However, it is reasonable to view that the ratio exceeds 10%.

Therefore, the plaintiff's responsibility is limited to 90%.

2. Scope of liability for damages

A. Personal information 1) Personal information: The same shall apply to the entry in the column of “basic matters” in the attached amount of damages calculation sheet: 2) income: The report on the actual status of labor by type of employment published by the Ministry of Employment and Labor of companies taxi drivers each year; 13. Occupational categories (J) career, career, and gender classification of 873. It shall be deemed that the amount of income equivalent to the statistics income of the former careerer of the “motor vehicle driver(s)” can be calculated based

1,977,833 won (i.e., monthly salary of KRW 1,753,00 in annual special salary of KRW 2,698,00 in annual special salary of KRW 2,698,00 in ±12): 2,045,333 = Monthly salary of KRW 1,803,00 in annual special salary of KRW 2.