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(영문) 의정부지방법원 2018.02.21 2016가단126159
채무부존재확인
Text

1. The Plaintiff’s liability for damages against the Defendant with respect to an accident described in the attached Form shall not exceed KRW 7,494,960.

Reasons

1. The accident described in the separate sheet stating the purport of the Plaintiff’s assertion is that the Defendant operated the B-wheeled Vehicle on the side where the Defendant is prohibited from driving (hereinafter “Defendant’s vehicle”), and it did not see the D (hereinafter “Plaintiff’s vehicle”) operated by C, a prior vehicle that uses a right-on-way vehicle by changing the lane normally in violation of the duty of a right-on-way driver, and thus, the Defendant’s liability ratio for the accident should be assessed to 80

The repair cost of the Defendant vehicle damaged by the above accident is KRW 3,300,000, and the damage equivalent to the rental fee incurred by the failure to use the vehicle during the repair period is KRW 572,00,00, so the Plaintiff’s liability for damages against the Defendant, which is the insurer guaranteeing the liability for damages against the Plaintiff’s vehicle, shall not exceed KRW 774,40 [=3,872,00,000 (=3,000,000) x (10%-80%). Thus, it is sought for its confirmation.

2. Determination

A. The Defendant recognized the liability for damages 1) on October 17, 2016, around 11:54, the Defendant driven the Defendant’s two-lane road (road) above the two-lane road in Seoyang-si, Namyang-si, Seoyang-si, in the direction of the air-section, and the Defendant driven the Defendant’s two-lane in the front. The Defendant changed the course to the side of the two-lanes, and then changed the course to the side of the right side of C. When changing the course, the Defendant’s vehicle operated by the Defendant was considerably adjacent to the Plaintiff’s vehicle. When the Plaintiff’s vehicle was abutting on the right side of the right side of the Defendant vehicle, the Defendant’s vehicle received the right side of the Plaintiff’s vehicle (the instant accident, indicated in the attached Form, and the instant accident) as the front part of the Defendant vehicle.

In the instant accident, the Defendant suffered damages from damage to Defendant’s vehicle and mobile phones possessed by Defendant.

At this time, the point where the defendant vehicle and the plaintiff's vehicle changed the course was the area where the roadside is allowed to enter.

At the time, the above right side is on the side.

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