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(영문) 대전지방법원홍성지원 2013.11.20 2012가단7274

채무부존재확인

Text

1. In relation to the traffic accident stated in the attached list, hand over to the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract between B and C-wheeled Motor Vehicle (hereinafter “the instant O-B”) with the cover period from September 7, 2009 to September 7, 2010, with 1 (100,000,000 won with the cover amount), 2 (less than the cover amount), and 1 (10,000,000 won with the cover amount) with the cover item.

B. At around 23:45, Feb. 17, 2010, D, an employee of B, driven the instant Oba, and proceeded with the front road located in Seocheon-gun E in Seocheon-gun, Seocheon-gun, Seocheon-gun, from the Seocheon-gu, Seocheon-gun, to the Seocheon-do basin bank, and did not discover the Defendant, who was driving the crosswalk at the location of Seocheon-gun, and did not discover the Defendant, and caused injury to the Defendant, such as the 5th, 6th of the Haba’s Hand, and the 6th of the Haba, f

(hereinafter “instant accident”). 【No dispute exists, Gap evidence 1, Eul evidence 2, and 3 respectively, and the purport of the whole pleadings

2. We examine the principal lawsuit and the counterclaim together.

A. According to the above facts, the Plaintiff is liable for damages sustained by the Defendant due to the instant accident as the insurer B.

However, in light of the fact that the location of the instant accident is a crosswalk, but the traffic signal, etc. is not installed and the accident time was late at around 23:45, it is reasonable to limit the Plaintiff's responsibility to 90%.

B. Except as otherwise provided under the scope of damages, it is listed in the attached Form No. 1.

In principle, the period shall be calculated on a monthly basis, but the amount less than a month for the convenience of calculation shall be included in the side on which the amount is less than the won and the amount less than the last month shall be discarded, and the calculation of the value as at the time of the accident shall be based on the reduction rate that deducts the interim interest at the rate of 5/12 per month.

(i).