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(영문) 광주지방법원 2016.09.07 2015가단517890

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 24,525,718 to the Defendant (Counterclaim Plaintiff) and its amount from August 24, 2016 to September 7, 2016.

Reasons

1. Occurrence of liability for damages;

A. On April 6, 2014, at around 20:45, 20:20, B operated a car for CUP, and left-hand turn from the south-gu E Hospital located in Gwangju to the right-hand turn, and the front part of Defendant’s U.S. U.S.’s U.S.’s U.S.’s U.S. U.S. left-hand turn-hand at the right-hand side of the said car, the said part of the U.S. U.S.’s U.S.’s U.S.’s U.S.’s U.S.’s U.S.’s U.S. U.S.

(2) The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the said automobiles.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7 (including each number), video, and the purport of the whole pleadings

B. Under Article 3 of the Guarantee of Automobile Accident Compensation Act and Article 724 of the Commercial Act, the Plaintiff is liable for damages arising from the instant accident to the Defendant.

C. The limitation B caused the instant accident caused the Defendant’s erroneous part of the Defendant’s driving, who is directly left by negligence without confirming the safety of the intersection where the safety signs for the vision are installed by driving the said car. However, the Defendant also neglected the duty of care to prevent the accident by examining the movement of another vehicle, and thus, the Plaintiff’s liability is limited to 90% in calculating the amount of damages.

2. In addition to the separate statements under the calculation of the amount of damages, it shall be calculated at present in accordance with the calculation method of the amount of damages as shown in the separate sheet of calculation of the amount of damages (the interim interest at the rate of 5/12 per month shall be calculated at the rate of simple interest, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but the less than a month shall be included on the side in which the amount is less than a month and less than the original and the less than the last month shall be included), and it shall be rejected that the parties’

In this case, the defendant who was actually imported.