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(영문) 수원지방법원안산지원 2019.11.13 2017가단58536
채무부존재확인
Text

1. In relation to the traffic accidents listed in paragraph 1 of the attached Table, the automobile insurance contract listed in the attached Table 2 shall become effective.

Reasons

1. The Plaintiff is an insurer who has entered into an automobile insurance contract in the attached Table No. 2 (hereinafter “instant insurance contract”) with C with respect to D low-priced passenger vehicles (hereinafter “Plaintiffs”).

On April 20, 2015, the Defendant driven the E Poter Freight (hereinafter “Defendant-motor vehicle”) on April 22 and 23, 2015, while driving on three-lanes at the 21st national road located on the Gun mountain zone in the 21st national road in the Gun mountain zone, the motorway, the exclusive road of which is the exclusive road, at three-lanes of the front road. While driving ahead, the Defendant received the front right side of the G chartered bus of F Driving (hereinafter “instant stop bus”), which was parked on the side of the said road over three-lanes, and the Defendant’s vehicle stops two-lanes and two-lanes.

(hereinafter “instant prior accident”). On April 20, 2015, immediately after the instant prior accident, around 22:30, H driven the Plaintiff’s vehicle in the same direction at a speed of 107 km per hour on April 20, 2015, following the instant prior accident, the Defendant’s vehicle suspended in the direction of 2:30 kilometers per hour on the two-lanes and the two-lanes on the front right corner of the Plaintiff’s vehicle.

(hereinafter referred to as the “after-the-counter event vehicle”. The Defendant suffered injury, such as brain-dead, salvine, salvine, salt salvine, and part of the extremely full-time lock-up locking part of the left-hand salvine, etc. due to the instant traffic accident, covering both the instant preceding and subsequent events.

The Plaintiff paid KRW 17,723,880 to the Defendant’s medical expenses from June 25, 2015 to January 16, 2019.

[Reasons for Recognition] A.1, 2, 3, 4, 5-1, 5-2, 5-3, 8-2, and 10 (Insurance Money Payment Certificate), the purport of the entire pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of the above liability, the Plaintiff, as the insurer of the instant insurance contract, is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant traffic accident that occurred during the operation of the Plaintiff vehicle.

B. The prior accident of this case limiting liability is on the road.

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