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(영문) 광주지방법원 2015.02.04 2014가단14240
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Around 18:40 on December 27, 2013, B driven a C-cab for business use (hereinafter “Plaintiff”) owned by the Plaintiff, and turned the three-lane road near the new harbor located in Gwangju Northern-dong, Chungcheongnam-gu, Gwangju into a two-lane radius from the port of the new harbor, and turned the two-lane of the D-car (hereinafter “Defendant vehicle”) which was stopped for signaling the atmosphere into the front part of the Plaintiff’s vehicle.

(hereinafter “instant accident”). (b)

On December 28, 2013 following the day of the instant accident, the Defendant driven the Defendant’s vehicle at the time of the instant accident: (a) was enrolled in the F.S. Medical Center located in Gwangju Northern-gu, and (b) was diagnosed by an oriental medical doctor G of the said hospital that the said hospital’s “satise and satiselines and tensions” requires two weeks’ stability.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2 and the purport of the whole pleadings

2. Determination as to the cause of action

A. On December 31, 2014, the Plaintiff’s employees of the Plaintiff Company visited the F.F. oriental medical hospital that the Defendant hospitalized from around 20:00 to 21:00, but the hospital’s bedclothess and patient clothes were in a f.e., sick room’s bedclothess and patient clothes, and the Defendant did not enter any injury in the outer stay register opened at the above hospital and was not in a hospital. Since the Defendant was not in the location of injury due to the instant accident, the Plaintiff was not liable to pay damages to the Defendant due to the instant accident.

B. In full view of the overall purport of the pleadings and arguments, the judgment of the court below, Gap evidence 3-2 through 6, Eul evidence 1, and Eul evidence 1, the defendant was not in the F. K. K. medical hospital sick room on December 31, 2014, and at least 4 days after the accident was found that the defendant was in a state to the extent that he could unbleep the sick room for a meal with his family without any particular reason, but such circumstance alone is attributable to the accident of this case.

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