채무부존재확인
1.The judgment of the first instance shall be modified as follows:
On September 28, 2014, around 10:25, 200. < by Presidential Decree No. 17458, Sep. 28, 2014>
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the first instance is the same as the “1. Basic Facts”, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Occurrence of liability for damages;
A. According to the above facts, the Plaintiff is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant accident pursuant to Article 724(2) of the Commercial Act, as the insurer of the Maritime Vehicle.
(b) The driver of a motor vehicle who drives a limited expressway or motorway (hereinafter referred to as an " expressway, etc.") shall not park or stop on the edge area of the road (including the sideway) unless there is any breakdown or other inevitable reason, and if the driver becomes unable to drive a motor vehicle due to breakdown or other inevitable reason, he/she shall stop his/her motor vehicle to the right edge of the road, and shall install a sign of the motor vehicle due to breakdown as prescribed by the Enforcement Rule of the Road Traffic Act on the side of at least 100 meters from the motor vehicle every week (Article 64 subparagraph 3, Articles 66 and 67 (2) of the Road Traffic Act, Article 40 of the Enforcement Rule of the Road Traffic Act, Article 66 of the Enforcement Rule of the Road Traffic Act, etc.). The measures under Article 66 of the Road Traffic Act, etc. shall be taken not only in cases where the motor vehicle is parked on the expressway or the exclusive road on the side, but also in cases
(See Supreme Court Decision 96Da716 delivered on April 12, 1996). The wheeler's wheels of the ship towing by the Defendant stopped on the side of the instant accident or the instant accident site, without installing a sign, etc. to inform the stopping of the instant accident, and only a hand signal on the rear of the Defendant’s vehicle. The instant accident does not conflict between the parties, and thus, the instant accident does not occur.