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(영문) 대구지방법원 2018.10.05 2017가합205725
채무부존재확인
Text

1. With respect to an accident listed in the attached list, the Plaintiff’s obligation to pay insurance proceeds to the Defendant is KRW 2,157,928.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who runs a mutual aid business in accordance with passenger transport business and has concluded a motor vehicle mutual aid agreement with respect to E-city buses owned by D Co., Ltd. (hereinafter “instant buses”), and the Defendant is the driver of the FFF vehicle (hereinafter “Defendant vehicle”).

B. On May 5, 2016, the Defendant: (a) driven the Defendant’s vehicle at around 05:25, while driving the Defendant’s vehicle at around 05:25, the Defendant appears to be the five-lane road (five-lane road in the accident lane) of the instant road, which appears to be the five-lane road (five-lane road in the accident lane); (b) the instant road appears to be the four-lane road in the No. 2 and No. 4-1 of the No. 4, which appears to be the four-lane road in letter. While driving the instant bus at the site and the four-lane road from the bus stop at the site and the two-lane road at the end of about 30 meters away from the bus stop in the water zone at the location of the water zone, the lower part of the instant bus driver, which was parked in the five-lane road in the direction of the Defendant’s front driver.

(hereinafter referred to as “instant accident”). C.

The Defendant suffered from the instant accident 12 principal injury, such as the pelle of the gale of the gale of the gale of the gale of the gale of the gale of the gale of the gale of the gale.

On May 5, 2016, the time of sunrise in Daegu area on the day of the accident is 05:09, and the time of the accident is 05:25,00,000, the time of the accident was 05:25, and at the time of the accident, the objects can be clearly separated, and the road in which the accident occurred did not have any particular obstacle to the driver's view as the straight line section.

E. Article 8(2) [Attachment 6] Ⅱ of the Enforcement Rule of the Road Traffic Act because the road in which the instant accident occurred is marked by yellow lines at the edge of the road;

5. The surface indication, serial number 515 is a zone in which parking is prohibited.

[Ground for Recognition: Unsatisfy Facts, Gap evidence 1, 2, and 4 (if available, the number shall be included; hereinafter the same shall apply)

(ii)each entry and video of Eul as well as the purport of the whole pleadings, as set forth in sub-paragraphs B through 4;

2. Occurrence of and limitation on liability for damages;

(a) the Parties;

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