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(영문) 서울서부지방법원 2019.01.08 2018가단200764

채무부존재확인

Text

1. On October 1, 2017, with respect to traffic accidents that occur on the roads with the F Points located in Eunpyeong-gu Seoul Metropolitan Government E around 01:40.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. 1) The Plaintiff is a G taxi vehicle (hereinafter “Plaintiff”).

A) On October 1, 2017, H was a mutual aid project operator who entered into a mutual aid agreement with respect to the Plaintiff, and around 01:40 on October 1, 2017, H opened the back seat of the Defendant’s driver, who was driven in the same lane as the following, for passengers getting off on the road located in Eunpyeong-gu Seoul.

(hereinafter “instant accident”). F [Grounds for recognition] without dispute, entry of Gap evidence 1, the purport of the entire pleadings and arguments

B. According to the recognition and limitation of liability, the Plaintiff, a mutual aid business entity of the Plaintiff’s vehicle, is liable to compensate the Defendant for damages caused by the instant accident, inasmuch as the Plaintiff, who is a mutual aid business entity of the Plaintiff’s vehicle, was negligent in opening the door of the vehicle, even though the Plaintiff, as a driver of the Plaintiff’s vehicle, should have checked and checked whether there was a motorcycle or bicycle going after stopping for passengers

However, since the defendant who has driven a bicycle is also the late night time at the time of the accident of this case, it is not negligent in failing to fully drive the bicycle even though he/she should thoroughly perform his/her duty at the front direction.

Considering this point, the responsibility of the plaintiff is limited to 85%.

2. Scope of liability for damages

A. Bicycle Repair Costs: 1,754,500 won is claimed to require 8,348,000 won to repair a bicycle destroyed by the instant accident. Thus, according to the appraiser I's appraisal result, it is not sufficient to recognize that the Defendant suffered damages in excess of the above amount by only the descriptions and images of the evidence Nos. 2, 4, 1754, and 17 (including paper numbers) are included in the bicycle repair cost due to the instant accident.

In addition, the defendant asserts that the plaintiff promised to pay the repair cost of KRW 8,348,00 on the basis of the evidence No. 3.