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(영문) 서울서부지방법원 2019.04.04 2017가단240550
채무부존재확인
Text

1. A traffic accident that occurred before Yongsan-gu Seoul Metropolitan Government, around 19:05 on June 13, 2017 against the Plaintiff’s Defendant.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to D taxi vehicles (hereinafter “Plaintiff vehicle”).

B. At around 19:05 on June 13, 2017, E, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle in three-lanes from the Man-dong room to thewest basin, E, opened a steering seat door for passengers getting off on the front of Yongsan-gu Seoul, Yongsan-gu, Seoul, and shocked the Defendant’s FOba, which was parked on the right side of the road, with Nonparty Oba put on the right side. This shocked the Defendant’s FOba that was parked on the right side of the road.

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

At the time of the accident of this case, yellow domin lines are located at the right edge of the road where the defendant's Obane was parked.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. Determination on the cause of the claim

A. At the time of the Plaintiff’s assertion, the Defendant was parked illegally on the right-hand side of the third-lane road of the Defendant’s 102,40 won, subtracting the Defendant’s liability ratio out of the amount of repair cost of 128,000 won, since such negligence was erroneous and contributed to the occurrence of the instant accident and the expansion of damages, and that ratio constitutes 20%, the Plaintiff should compensate the Defendant for damages.

However, in the instant accident, the Plaintiff paid 634,560 won for medical expenses and the amount agreed upon to the driver G of the Obane, and if the Plaintiff deducts KRW 126,912, which is the amount equivalent to 20% of the Defendant’s liability, from the amount of damages paid to the Defendant, the Plaintiff’s liability for damages against the Defendant is no longer nonexistent.

B. The plaintiff's driver, as a driver of the plaintiff's vehicle, has to look at whether the plaintiff's vehicle stops and stops for passengers' getting off, and failed to do so.

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