채무부존재확인
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an insurance contract in attached Form 2 (hereinafter “instant insurance contract”) with respect to the Plaintiff B-vehicle (hereinafter “Plaintiff”).
B. At around 02:00 on September 30, 2012, C driven the Plaintiff’s vehicle, and driven at a point 412 km from the border road that is located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, by negligence, neglecting the duty of safety driving while driving at the three-lanes among four-lanes, C left the central separation zone and stopped in the reverse direction on the first lane, and did not take safety measures such as on-and-off emergency, etc.
D Around 02:22 on the same day, while driving the E vehicle at a speed of about 83 km per hour in accordance with the said one lane, the front part of the Defendant Driving Vehicle F (hereinafter “Defendant Driving Vehicle”) running along the three-lanes, which was parked at the speed of about 83 km of the said road, was found later, and the rear part of the Plaintiff Driving Vehicle, which was parked at the speed of the said one lane, conflict with the rear part of the Plaintiff Driving Vehicle, and pushed down the front part of the said vehicle with the front part of the said vehicle.
(hereinafter referred to as the “instant accident”). C.
Due to the instant accident, the Defendant’s vehicle was destroyed to the extent that it is impossible to repair the vehicle.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 8 (including each branch number for which a branch number has been attached) or video, the purport of the whole pleadings
2. Determination
A. 1) According to the above facts, the accident of this case occurred due to joint tort committed by C and D, and C and D jointly are liable to compensate the defendant for the defendant's damage caused by the accident of this case, and the plaintiff, the insurer of the plaintiff vehicle, is liable to compensate the defendant for the defendant's damage caused by the accident of this case. 2) However, in full view of the whole purport of arguments in the statement Nos. 3, 8 and 9, the road where the accident of this case occurred is limited at a speed of 110km per hour, and the defendant at the time of the accident of this case.