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(영문) 부산지방법원 2015.01.22 2014가단47715
채무부존재확인
Text

1. On March 21, 2014, around 10:48, D buses and E-cars are shocked at the front of the C Hospital located in Busan Jin-gu, Busan.

Reasons

1. Facts of recognition;

A. On March 21, 2014, at around 10:48, 2014, D urban buses affiliated with the Plaintiff (hereinafter “Plaintiff”) run along the three lanes from the parallel to the Jin market from the parallel of the three lanes, while changing the two lanes from the parallel to the parallel of the three lanes, causing a traffic accident that contacts the right side of the EMW vehicle driven by Defendant A as owned by Defendant A and the middle left side of the said bus with the two lanes.

(hereinafter “instant traffic accident”). (b)

However, prior to the occurrence of the instant traffic accident, Defendant BMW vehicle is running on the second line prior to the Plaintiff bus and needs particular interference.

Although there was no person, the Plaintiff bus temporarily suspended due to the absence of a person, and the Plaintiff bus avoided Defendant BMW vehicle and went to the third line, and again entered the second line and proceeded to the second line, the instant accident occurred.

[Grounds for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1, each entry of Eul evidence 1, the result of the verification by this court, the whole purport of the pleadings

2. The Plaintiff asserted that the instant traffic accident was caused by Defendant’s negligence, and that there was no liability for damages to the Defendants since the Plaintiff completed the repair of a vehicle including the part arising from the said accident at the time of repair due to other traffic accidents after the instant traffic accident. Accordingly, the Defendants asserted to the effect that the instant traffic accident was caused by negligence on the part of the Plaintiff, and that the Defendant incurred damages of KRW 3,986,015, and KRW 168 million for rental and lending for 30 days, and thus, the Plaintiff is liable for damages equivalent to KRW 20,786,015 in total to the Defendants.

According to the evidence evidence Nos. 2 through 6, the defendants' repair cost of KRW 3,986,015 as of April 1, 2014 after the traffic accident of this case, the defendants' vehicle of this case is presumed to be a vehicle rental fee of KRW 1,00,000.

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