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(영문) 대전지방법원 2015.12.04 2013가단215451
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s liability for damages against the Defendant (Counterclaim Plaintiff) regarding an accident listed in the attached list is assessed against him.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 07:00 on December 4, 2012, while driving a taxi (hereinafter “Plaintiff-owned vehicle”) and driving ahead of the Yriririririririririririririririririririririririririri-ri, Seosan-si, the lower part of the D car (hereinafter “Defendant-owned vehicle”) waiting in the front part of the Plaintiff’s vehicle, waiting for signal at the front section and parked.

(2) The Defendant, who was on board the Defendant’s vehicle due to the instant accident, sustained the injury, such as the escape from the right side of the conical signboard to the right side of the conical 1-2.

(3) The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement for the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 2 to 4, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the Plaintiff is liable for damages sustained by the Defendant due to the instant accident as the insurer of the Plaintiff’s vehicle.

C. The Plaintiff asserted that there was negligence by the Defendant on the part of failing to wear the safety level, but there is no evidence to acknowledge it, and thus, the Plaintiff’s assertion of comparative negligence is rejected.

In full view of the purport of the entire pleadings, it is reasonable to view that the Defendant’s degree of contribution to the Defendant’s disability is 50%, taking into account the result of the court’s commission of physical examination to the Mayor of the Seoul Escar University.

(1) The medical specialist of the Seoul Escar University, which entrusted the two-lane physical assessment, evaluated that “The degree of contribution of an accident is 50% when referring to the table 29-24 of the verteng Text Textbook.”

(2) The Mayang University Hospital’s Mayang University Hospital’s Mayang University Hospital’s Masan Medical specialist evaluated that the Defendant’s degree of contribution to the accident is 70%.

However, the appraisal of the first physical examination is based on.

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