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(영문) 인천지방법원 2017.12.20 2016나14683
채무부존재확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. 15% of the total litigation costs shall be the Plaintiff, and the remainder.

Reasons

1. As to this part of the basic facts, this court's reasoning is the same as "1. Basic Facts" among the grounds of the judgment of the court of first instance, and such reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff and the defendant's assertion

A. The Plaintiff’s assertion that “the Defendant, at the time of the instant accident, invadedd a three-lane road in front of the Seocho-gu, Seoul Special Metropolitan City E, Seocheon-gu, Seoul Special Metropolitan City along the center line and caused an accident by taking advantage of the Plaintiff’s vehicle going to go to the adjacent to and bypassing the end of the building located in Seocheon-gu, Busan Special Metropolitan City E. The instant accident occurred due to the Defendant’s total negligence driving the bicycle, and there was no negligence on the part of the Plaintiff, and thus, there was no liability for damages against the Defendant for the Defendant.”

(Attachment 2) The driver of the Plaintiff’s vehicle shall also be deemed to have caused the accident. (b)

On this argument, the defendant asserted that "at the time of the accident in this case, the defendant moved back to a three-lane road in the front direction of Seocheon-gu, Seocheon-gu E, Seocheon-si, and the plaintiff vehicle seeking to move to a three-lane road from the alleyway to the three-lane road, is running along the center line of the alleyway, and the defendant was faced with the defendant and the bicycle going to a 1 to 1.5m high, and further caused an accident. Therefore, the accident in this case is wholly caused by negligence such as continuous driving of D, which is the driver of the plaintiff vehicle, and violation of the duty to pay insurance proceeds (liability to compensate for damages) to the plaintiff who is the insurer of the plaintiff vehicle."

(See attached Table 3) The defendant's accident case No. 3. Judgment

A. First of all, the Defendant’s assertion was examined as to the Defendant’s assertion, and in light of the following circumstances revealed in light of the evidence and the purport of the entire pleadings submitted by the Plaintiff and the Defendant, the instant accident did not appear to have occurred at the place or circumstance as alleged by the Defendant, and otherwise, the Defendant.

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