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(영문) 대구지방법원 2019.12.06 2018가단23466
채무부존재확인
Text

1. On October 24, 2018, at around 16:16, the Plaintiff due to a traffic accident that occurred in the yellow Dokdong-dong on the street.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with Csi Vehicles (hereinafter “Plaintiff”).

B. At around 16:16 on October 24, 2018, D: (a) driven the Plaintiff’s vehicle and opened up the back part of the Defendant’s E-Poter (hereinafter “Defendant’s vehicle”) prior to the Defendant’s driving while driving on the part of the T-Poter in the middle distance from the yellow T-dong, Yellow-dong.

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

The Defendant was diagnosed to have suffered injuries, such as catitiss, which require approximately two weeks of treatment due to the instant accident, and received a total of 20 days of hospitalization from October 25, 2018 to December 4, 2018. The Plaintiff paid KRW 1,640,670 to the Defendant’s medical expenses, and KRW 1,300,000 to the Defendant’s repair expenses for the damage of the Defendant’s vehicle.

On the other hand, at the time of the instant accident, the Defendant’s vehicle loaded “1 160m 8m 8m 14m RaED electronic displays, 160m 3m 12m 3m 12m 12m 6m 6m 6m 6m 6m 6m 6m 6m 3m 160m 6m 3m 6m 6m PC type 6m 6m 3m 6m 6m 6m

hereinafter referred to as "the electronic display of this case"

(i) [The entries and images of evidence A of subparagraphs 1 through 8 of the ground for recognition, and the purport of the whole pleadings.]

2. Summary of the parties' arguments

A. The Plaintiff’s assertion asserts that the electronic display board of this case was damaged due to shock following the instant accident, and the Defendant demanded the Plaintiff to compensate for the repair cost or the replacement cost of new products.

However, due to the instant accident, only a few parts of the back part of the Defendant’s vehicle were displayed, and the Plaintiff’s vehicle is merely a little flicker, and thus the shock level at the time of the accident is insignificant. Therefore, it cannot be deemed that the instant electronic sign board was broken or damaged due to the instant accident.

Nevertheless, the defendant asserts that the electronic display board of this case was destroyed by the accident of this case, and thus, the plaintiff is against the defendant.

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