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(영문) 인천지방법원 2017.04.04 2016가단38718
채무부존재확인등
Text

1. At around 11:56 May 26, 2016, B and C taxies are located at the intersection of the Korea Transportation Safety Authority prior to the 36th of the Incheon Gyeyang-gu, Incheon Metropolitan Gyeyang-gu.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to B buses owned by Nonparty Advanced Passenger Co., Ltd. (hereinafter “Plaintiff buses”), and the Defendant is a person who drives Csi (hereinafter “Defendant taxi”).

B. On May 26, 2016, the Defendant: (a) driven the Defendant taxi, and entered the 36-lane side of the Balan-ro, Gyeyang-gu, Incheon Metropolitan City, to the intersection (hereinafter “instant intersection”); (b) applied the left left from the effic-dong side of the same effic road without signal, etc. to the home-passing side of the said transport vehicle; and (c) applied the left turn from the effic-dong side of the same effic-dong side without signal to the effic-dong side of the said transport vehicle, according to the direct efficiencies of the effic bank, the full part of the Plaintiff’s bus operated by Nonparty D, who was in the straight line from the efficib

(hereinafter referred to as “instant accident”). C.

The Defendant sustained injury due to the instant accident, and the Plaintiff paid KRW 4,113,460 in total to the Defendant for medical expenses in accordance with the Motor Vehicle Accident Compensation Act and subordinate statutes.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 4 (including each number in the case of additional number) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is an accident that occurred by the Defendant’s total negligence, and thus, the Plaintiff is not liable for damages to the Defendant, and the Defendant’s KRW 4,113,460, which was already paid by the Plaintiff, shall be returned to the Defendant on the ground that it constitutes a benefit

B. D, the driver of the Plaintiff bus’s assertion, was able to know the situation where Defendant taxi was entering the intersection from the right side to the intersection, and entered the intersection of this case at the same time. D, as a route bus driver, had been aware of the road situation, such as the right side road, etc., and would have been driven by Defendant taxi sufficiently.

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