채무부존재확인
1. With respect to an automobile accident listed in Attachment 1, the time limit for the insurance contract described in Attachment 2.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Occurrence of liability for damages;
A. Fact 1) The Defendant is a B-si (hereinafter “Defendant”) around 02:25 on May 31, 2014.
(B)The D Motor Vehicle Quantity (hereinafter referred to as “Plaintiff Motor Vehicle”) driven by C while driving a two-lane and driving a four-lane road (other than bus exclusive lanes) of the 81-lane 38-lane 1, Geumcheon-gu, Seoul, in the direction of the city interest distance from the open-line to the open-line area, and changing the course from the two-lane to the one-lane;
) The left side part of the Defendant-si shocked into the front part of the right side of the Defendant-si (hereinafter “instant accident”).
A) C operated the direction direction of the Plaintiff’s vehicle, etc. at the moment of shocking with the Defendant’s vehicle. (2) The Defendant suffered injuries, such as drilling and chilled salt, tension, etc. due to the instant accident.
【Reasons for Recognition】 The descriptions of evidence Nos. 1, 1, 2, and 5 and the purport of the whole pleadings
B. According to the above facts of the judgment, C was at the latest negligent in operating the direction direction, etc. of the Plaintiff vehicle while changing the course into one lane. Therefore, the Plaintiff is liable for compensating the Defendant for the damages caused by the instant accident as the insurer of the Plaintiff vehicle.
C. Negligence offset: (a) the following circumstances acknowledged by the aforementioned evidence, i.e., the Defendant, while disregarding the signal at a time with a large traffic volume at night, led to a speed close to 130km/h above the maximum speed (70km/h) that far prior to the occurrence of the instant accident; and (b) at the point of accident, the accident occurred at the point of accident, and even at the point of accident, it appears that it was difficult to avoid the instant accident even if C used direction, etc. in advance and changed the course, it is difficult to avoid the instant accident; and (b) the Defendant’s negligence is deemed as the main cause of the instant accident; and therefore, the Defendant’s negligence is limited to the Plaintiff’s liability ratio to 30%.
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