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(영문) 수원지방법원 2015.09.04 2013가단36305
채무부존재확인
Text

1. On September 12, 2012, the center line shall be the B-line on the road front of the Domsan Dom, Dom, Dom, Dom, Sim-si, Macheon-si.

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 “Plaintiff vehicles”). The Defendant is the driver of C vehicle (hereinafter “Defendant vehicle”).

B. Around 19:00 on September 12, 2012, the Plaintiff’s vehicle intruded the center line in order to avoid the vehicle parked in the front section, which was parked in the front section of the disabled sports center in the front section of the Doam 200 square meters away from the Doam 2000 square meters away from the Doam 19:0 to the Doam 19:0, and the left side of the Defendant’s vehicle, which was the head of the horse, was shocked on the left side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

After the instant accident, the Defendant was diagnosed with the cryp and the cryptoum base from the DNA office on September 25, 2012; on October 5, 2012, with the escape certificate of the 4-5 conical signboards from the E Hospital on October 5, 2012; from September 25, 2012 to November 201, 2012, the Defendant was provided medical treatment in the Furpary department, etc.; and was hospitalized in the E Hospital from November 16, 2012 to November 23, 2012.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1-8 (including branch numbers, if any) and the purport of the whole pleadings]

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (i) The instant accident was caused by the accident where the Plaintiff’s vehicle had a minor contact with the Defendant’s vehicle, and the Defendant did not suffer injury due to the instant accident, and the Defendant’s escape certificate of the conical signboard No. 4-5 is caused by the king.

D. Accordingly, the Plaintiff does not bear the liability for damages against the Defendant due to the instant accident.

B. (1) After the instant accident, the Defendant received a confluoration of the confluoring signboard with the escape certificate of the 4-5 confluoring signboard. We examine whether the Defendant’s above injury was caused by the instant accident.

According to the results of the Request for Physical Examination of the Head of Korea University Ansan University Hospital, the above injury is assessed.

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