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(영문) 서울동부지방법원 2020.12.17 2019가단160939

채무부존재확인

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1. As to the traffic accident listed in the attached list 1 list, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

1. The summary of the instant case pertains to the instant traffic accident as seen below, the Plaintiff sought confirmation that there is no liability for mutual aid payment against the Defendant as the principal lawsuit, and the Defendant seeks compensation for damages against the Plaintiff as a counterclaim.

2. Occurrence of liability for damages and limitation on liability;

A. 1) The Plaintiff, a mutual aid business entity established under the Passenger Transport Service Act, was a mutual aid business entity established under the Passenger Transport Service Act, which entered into a motor vehicle mutual aid agreement with C with respect to D taxi owned by it (hereinafter “Plaintiff taxi”), and the Defendant was driving a non-registered two-wheeled two vehicles (hereinafter “Defendant Oba”), and was injured by collision with the Plaintiff taxi as follows. 2) Nonparty E driving the Plaintiff taxi on October 3, 2017, while driving the Plaintiff taxi at around 00:31, 201, and driving the 1-lane in front of the Seoul Gangdong-gu Seoul Metropolitan Government Fro in the direction of the sampling Park at the Handong-dong-dong, and driving the 2-lane in the same direction while driving the 1-lane in the direction of the sampling Park.

(Attachment 1 List 1 traffic accidents (hereinafter “instant traffic accident”) . (3) The instant traffic accident place did not have any special obstacle at night at the time of the accident at the time of the accident on the flat road, which is the straight line, and the Defendant used a fitness, but stopped by changing the lane without giving direction, emergency, etc. although the Defendant used it. (4) On October 13, 2017, the Defendant suffered bodily injury, such as the upper half alley, the upper part of the instant accident, caused injury, such as the upper part of the instant accident, and carried out the blood redrying and the inner part of the instant traffic accident on July 20, 2018.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 5 (including paper numbers; hereinafter the same shall apply), Eul's each entry or video, and the purport of whole pleadings

B. According to the recognition of liability for damages and the recognition of the foregoing limitation, the instant traffic accident is committed by the Plaintiff taxi.