채무부존재확인
1. As to the traffic accident stated in the attached Form 1, the plaintiff is against the defendant based on the mutual aid contract stated in the attached Form 2.
1. Facts of recognition;
A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to E-city bus owned by D Co., Ltd. (hereinafter “Plaintiff bus”), and the Defendant is a person who drives F Vehicle (hereinafter “Defendant Vehicle”).
B. On November 15, 2018, G was driving the Plaintiff bus at the vicinity of the Ho apartment zone in front of the Ho apartment zone in Daejeon, Daejeon, Daejeon, as two-lanes. At that time, the Defendant vehicle prior to the Plaintiff bus changed the lane from one to two-lanes, and the Defendant vehicle changed the lane into one-lane.
However, the defendant's vehicle came to turn to the left at the above intersection at the two-lane, and the plaintiff's bus was operated as a two-lane in order to avoid the defendant's vehicle, and the plaintiff's bus was changed to the one's own lane.
(hereinafter referred to as “instant accident”). C.
The Defendant, due to the instant accident, is receiving medical treatment from the Korean Council members by asserting that the Defendant sustained injuries, such as cryp and crypumal salt, etc., and the Plaintiff guaranteed payment.
[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 6 (including paper numbers) and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff's assertion 1) The accident of this case occurred due to the defendant's gross negligence. Thus, the plaintiff is not liable for damages to the defendant. 2) The defendant's assertion changed the two-lanes in order to drive the defendant's vehicle and build the vehicle. The plaintiff bus continued to drive the vehicle at a rapid speed while driving the vehicle at a rapid speed. Thus, since the defendant came to turn to the right to the left at the intersection which is the place of the accident of this case, the defendant and the plaintiff bus's negligence are concurrent and thus the accident of this case occurred.
B. The following circumstances, i.e., the Defendant’s vehicle, based on the entirety of the facts and the evidence presented prior to the determination, are as follows.