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(영문) 서울중앙지방법원 2018.07.26 2017가단67750
채무부존재확인
Text

1. On June 20, 2017, traffic accidents between C and D vehicles that occurred in Yongsan-gu Seoul Metropolitan Government as Han River around 22:01.

Reasons

1. Facts of recognition;

A. On June 20, 201, at around 22:01, the Plaintiff driven a CBa car (hereinafter “AB car”) and changed the lane into two lanes while driving a five-lane road from the Han River basin of Yongsan-gu Seoul to the Han River intersection of Han River as in the Han River basin of Yongsan-gu, Yongsan-gu, Seoul, while changing the lane into three-lane. On the other hand, the lower part of the front part of the taxi’s right side of the Defendant’s D business taxi, which was proceeding along the two-lane behind the same direction, was shocked by the front part of the vehicle’s left side.

(hereinafter “instant accident”). B.

On June 21, 2017, the following day of the instant accident, the Defendant issued a medical certificate to the effect that he/she suffered bodily injury, such as the climatic and climatic salt, tensions, etc. requiring approximately two weeks of treatment at the Dongjak Gyeonghee Hospital, and received a radiation inspection and injection treatment, and paid KRW 53,170 as medical expenses.

In addition, the taxi for the above-service of the defendant driving was damaged by the amounting to KRW 827,250 for repairing costs, such as the exchange of frangs and fences.

C. The Plaintiff’s assistant intervenor is an insurer who entered into a comprehensive automobile insurance contract with respect to the LAW.

[Reasons for Recognition] Gap evidence Nos. 1, 2 (including paper numbers), Eul evidence Nos. 2, 3, and 4, the purport of the whole pleadings

2. Determination

A. The parties' assertion asserts that the accident of this case, while the change in the vehicle line, caused minor contact with the vehicle kis, and the defendant cannot be deemed to have suffered bodily injury due to the accident of this case. Thus, the plaintiff's liability for damages against the defendant based on the accident of this case does not exist.

The defendant asserts that the plaintiff should compensate the defendant for mental damage including mental damage caused by the accident of this case due to the sudden change of the plaintiff's vehicle line.

B. Considering the circumstances surrounding the instant accident, the degree of damage to both vehicles due to the accident, etc. indicated in the foregoing facts and evidence, the instant accident occurred.

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