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(영문) 수원지방법원 2020.05.12 2019가단560060

채무부존재확인

Text

1. D chartered buses and E community buses in the vicinity of the bus stops in the Sejong-si, Suwon-si, at around 18:05 on August 5, 2019.

Reasons

1. Basic facts

A. The Plaintiff entered into an automobile mutual aid agreement with the F Co., Ltd. (hereinafter “F”) and D chartered bus owned by F (hereinafter “Plaintiff”) as a mutual aid business operator.

B. On August 5, 2019, at around 18:05, the Plaintiff’s vehicle driven by G conflicts with the left-hand side of the E Village bus, which attempted to change the lane from the first lane to the second lane, in the vicinity of the bus stops in the Sejong Underground Road in Suwon-si, Suwon-si, and tried to change the lane from the second lane to the second lane (hereinafter “ordinary bus”).

(hereinafter referred to as “instant accident”). C.

At the time of the accident of this case, the defendant was sitting on the center of the last back seat, and H was sitting on the right side of the last back seat.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 3, the purport of whole pleading

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The accident of this case is a very minor contact accident, and there is no proximate causal relation between the defendant's injury and the accident of this case.

Therefore, there is no liability for damages due to the accident of this case against the defendant.

B) Even if the Plaintiff’s liability for damages arising from the instant accident against the Defendant on home, the amount shall not exceed 156,460 won [=131,200 won = 331,00 won/day x 46 days x 0.9 (other damages) x 309,740 won x 3,097,490 won (the mutual aid money paid by the Plaintiff to the IE) x 0.1 (the Defendant’s fault ratio) x 0.2]. The Defendant alleged by the Defendant is liable for damages to the Defendant on account of the instant accident. The amount is 3.63 million won (the injury) x 400,000 won (the mental injury) x 8,000 won (the mental injury) x 3.7 million won (the amount x 7.7 million won) x 2.7 million won (the mental injury) x x 3.7 million won) x x 3.7 million won (the cost) x x 1 million.7 million).

B. Determination 1.