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1. On April 15, 2017, in accordance with the vehicles listed in the separate sheet, the Central Branch Line and the Highway Kim Sea around 09:10.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to vehicles listed in the separate sheet owned by a limited partnership company (hereinafter “Plaintiff vehicles”).
B. A around 09:10 on April 15, 2017, when driving the Plaintiff’s vehicle, and driving the road in front of the central branch line, the expressway, and the road in front of the metropolitan branch line, which is located in the city of Kimhae-si, along the two-lanes in the direction of the traffic fare station in the direction of southyang-si, the vehicle was changed to the three-lane, and the Defendant, who was straighted in the three-lane, was driving by C (owner: Tyang Chemical Unemployment Co., Ltd.; hereinafter “Defendant”), was shocked by the left end of the Plaintiff’s right side.
(hereinafter referred to as “instant accident”). C.
Afterward, the defendant reported the driver of the plaintiff vehicle to the owner of the vehicle, and the investigation was conducted on the charge of the violation of the Road Traffic Act (unclaimed Measures after Accidents) against the driver B due to the above report, but the prosecutor who investigated the violation of the Road Traffic Act against the driver B made a disposition against B on July 18, 2017.
(No. 2017 type No. 21687). [Grounds for Recognition] of the District Prosecutors' Office, entry in Gap evidence No. 1, 2, and 5 (including each number), and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion that the instant accident occurred in a minor contact with the Defendant’s vehicle to the extent that flickers were flicker, and the investigation agency only dealt with it as a simple physical accident. As such, the Defendant cannot be deemed to have suffered injury due to the instant accident, and the Plaintiff is not liable for paying insurance money to the Defendant due to the instant accident.
B. The Defendant alleged that the instant accident occurred, resulting in injury to the shoulderhead and tension, and received pain treatment. As such, the Plaintiff, the insurer of the Plaintiff’s vehicle, is obliged to pay the Defendant insurance money, such as medical expenses, etc. due to the instant accident.
3. Determination
A. The lawsuits seeking confirmation of non-existence of the relevant legal principles are relevant.