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(영문) 수원지방법원 2015.11.06 2014가단63984
채무부존재확인
Text

1. On July 23, 2014, in relation to the accident in which B-vehicles concealed the rear of C-Vehicle at an insular area around 18:00,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter referred to as “Korean vehicle”), and the Defendant is the owner of C vehicle (the NAS, hereinafter referred to as “victim”).

B. Around 18:00 on July 23, 2014, the vehicle at sea shocked the back part of the damaged vehicle, which was stopped on the front part of the vehicle due to the brash, from the brake to the front part of the brash, while the driver stops on the brash of the brash.

(hereinafter “instant accident”).

C. On August 4, 2014, the Defendant: (a) stored a damaged vehicle for the repair of a vehicle into D Motor Vehicle Services; (b) the D Motor Vehicle Services completed repair on August 6, 2014, which was three days later; and (c) the cost incurred from the repair is KRW 580,480 (=290,240,000,000,000).

On the other hand, the Defendant: from August 4, 2014, when suffering from the damaged vehicle, rented the damaged vehicle and the same class for four days; and the cost incurred therefrom is KRW 1,005,200.

[Ground for Recognition: Facts without dispute, entries in the evidence Nos. 1 to 6 (including branch numbers, if any) and the purport of the whole pleadings]

2. The assertion and judgment

A. (i) The accident of this case does not cause damage to the damaged vehicle due to an accident in which the damaged vehicle physically contacted the front part of the damaged vehicle.

D. Therefore, the Plaintiff does not bear the liability for damages arising from the instant accident against the Defendant.

나. 판단 ⑴ 손해배상책임의 발생 ㈎ 살피건대, 앞서 든 증거들에 의하여 인정되는 다음과 같은 사실 또는 사정, ① 가해 차량의 운전자가 가해 차량을 부주의하게 운전한 과실로 이 사건 사고가 발생한 사실, ② 가해 차량이 피해 차량의 후미를 추돌하였고, 이와 같은 경우 피해 차량의 뒷 범퍼가 파손될 수 있는 점, ③ 이 사건 사고 이후 가해...

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