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(영문) 대구지방법원서부지원 2014.12.11 2014가합1851
채무부존재확인
Text

1. With respect to traffic accidents listed in attached Form 1, the Plaintiff’s Defendants based on the insurance contract indicated in attached Form 2.

Reasons

1. Basic facts

A. On December 12, 2013, the Plaintiff concluded an insurance contract on C4.5 tons of truck C (hereinafter “instant truck”) with Sung-ju Tourism Co., Ltd. (hereinafter “instant insurance contract”) listed in attached Form 2 (hereinafter “instant insurance contract”).

B. D Around 18:52 on April 18, 2014, driving Otoba, driving Otoba, and proceeding two lanes at the bottom of F G G G G G G G G G G G G G G GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG at the winding level, and H has died due to its collision on

[Reasons for Recognition] Uncontentious Facts, Gap 1 and 2 evidence, witness I's testimony, fact-finding reply to this Court's month, the purport of the whole pleadings

2. The plaintiff asserts that there is no proximate causal relation between H's act of parking the truck of this case and the occurrence of the accident of this case, and therefore there is no insurance payment obligation against the defendants of this case.

As to this, the Defendants asserted that H had a duty to pay insurance money to the Defendants in accordance with the insurance contract of this case, since the instant accident occurred due to negligence by which H illegally parked the instant truck and did not use the tail lights and sidelights, etc.

3. In the judgment room, the truck with 1.5 tons or more is permitted only from a garage installed and verified pursuant to Article 11(17) of the Trucking Transport Business Act and Article 21 subparag. 3 of the Enforcement Rule of the same Act, and the truck of this case with H 4.5 tons or more was parked at night at the location of the accident of this case, not from a garage. While the location of the accident of this case is somewhat narrow under high level, the following circumstances acknowledged by the evidence mentioned above, namely, the accident of this case occurred before sunset on the 3-lane straight line.

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