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(영문) 대전지방법원 2014.04.29 2013가단49685
채무부존재확인
Text

1. In relation to the accident described in the separate sheet, there is no liability for damages against Defendant A.

Reasons

1. Basic facts

A. On October 8, 2013, Defendant A: (a) driven a B B franchise owned by Defendant Co., Ltd. (hereinafter “Defendant vehicle”); (b) stopped on the two-lanes of the front road located in Daejeon-dong C, Daejeon-gu, Daejeon-gu, Seoul; (c) while moving the said road to one-lane by driving a F taxi owned by Boban Transport Limited Partnership (hereinafter “Plaintiff taxi”); and (d) changing the said road to two-lanes, Defendant A destroyed the said vehicle by shocking the front part of the left part of the said Defendant vehicle on which Defendant A was on board as the rear part of the lower part of the Plaintiff taxi.

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

The plaintiff is a mutual-aid business operator who has entered into a motor vehicle mutual-aid agreement with the general transport limited partnership company for the plaintiff taxi.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1, Gap evidence 6 and 7 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the accident of this case occurred only when the part on the left side of the Defendant’s vehicle was flick, so it cannot be deemed that there was a little human damage to the Defendant A due to the accident of this case. Therefore, the Plaintiff’s damage liability against the Defendant A is nonexistent. The Plaintiff’s damage of the Defendant’s mailing rental car is KRW 146,826, totaling KRW 42,40, total operating loss during the vehicle repair period (one day), KRW 189,266, and the Plaintiff’s liability should be limited by taking account of the negligence of the Defendant A in relation to the accident of this case. Therefore, the Plaintiff’s damage liability against the mailing rental car of this case does not exist, and therefore, it is sought confirmation.

B. Defendant A’s assertion that the instant accident occurred due to the medical treatment for 21 days. Defendant A asserted that the damage occurred due to the instant accident, and Defendant C’s postage Co., Ltd.’s delivery cost KRW 361,557, and the repair period extended due to the Plaintiff’s failure to interfere with insurance management, 11-day vehicle rental fee for the repair period.

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