채무부존재확인
1. As to the accident described in the attached list, the damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is assessed against the Plaintiff.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff is an urban bus transport business entity that runs the passenger transport business under the Passenger Transport Service Act, and is the owner of D urban bus (hereinafter “Plaintiff vehicle”) and E is the driver affiliated with the Plaintiff.
B. At around 22:04 on March 13, 2018, E, while driving the Plaintiff’s vehicle in front of the F Building in Busan Metropolitan City along the two-lane radius from the Gungmun-gu, in the parallel of two-lanes, he, while crossing the road from the right edge of the Plaintiff’s vehicle to the left edge, he fell into the front part of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
H A died on the same day on the same day due to the instant accident, around 23:53, and the Defendants were the parents of the deceased H (hereinafter “the deceased”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, 7, 10, 11 and 12, or the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The Plaintiff’s assertion that the instant accident occurred while the Deceased attempted to cross the instant accident without permission under normal progress of E, and E could not have predicted or avoided the instant accident.
Therefore, the accident of this case is not the negligence of E, but the accident occurred due to the total negligence of the deceased, and there is no obligation of the plaintiff to pay damages to the defendants.
B. The Defendants’ assertion that the instant accident occurred due to negligence, such as violation of the duty of front-time watch of the Plaintiff E, the driver of the Plaintiff vehicle, and thus, the Plaintiff is the owner of the Plaintiff vehicle, who is liable for compensating the Defendants for the damages caused by the instant accident pursuant to Article 3 of the
Therefore, the plaintiff's 248,281,440 won [23,281,440 won in inheritance [386,562,880 won in lost income of the deceased (60,000 won in consolation money of the deceased)] x 1/2 in inheritance shares.