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(영문) 광주지방법원 2017.02.16 2016가단14169

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The judgment on the ground of the Plaintiff’s claim is based on a detailed contact between the vehicle belonging to the Plaintiff (hereinafter “Plaintiff’s vehicle”) and the Defendant’s D vehicle (hereinafter “Defendant’s vehicle”) at the time and place stated in the purport of the claim, and there was only a detailed contact between the Plaintiff’s vehicle and the Defendant’s D vehicle. Since the Defendant’s vehicle was damaged or the Defendant’s accident was not caused, and thus, the Plaintiff sought payment on the premise of damage and injury, notwithstanding the Defendant’s liability to compensate for damage, the Plaintiff did not have any obligation to compensate for the damage. Therefore, the Defendant’s liability

In full view of the statements and images of evidence Nos. 1 through 3, witness E, F, and G’s testimony and arguments, the Defendant reported the case No. 15:27 on the day immediately after the instant accident occurred, and the police officer called up and completed an investigation. According to the traffic accident confirmation application prepared by the Gwangju Western Police Station Traffic Investigation E, the Plaintiff’s vehicle was stated as being protruding the Defendant at the above time and place. The said accident occurred at H Hospital’s H Hospital for two weeks medical treatment from G, and caused injury to the Defendant’s scopical base and tension, and caused damage to the Defendant’s 1, as well as damages to the equipment at the time of repair of the vehicle located in Southern-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Appellee-Appellant-Appellee-Appellant-Appellee-Appellant-Appellee-Appellant-Appellee-Appellant-Appellee-Appellant-Appellee-Appellant-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellee-Appellee-Appellee-Appellant-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-Appellee-