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(영문) 서울남부지방법원 2016.09.29 2014가단204134
채무부존재확인
Text

1. A car B, around 07:05 on November 2, 2009, around the Yeongdeungpo-gu Seoul Metropolitan Government, was driven by the Defendant (Counterclaim Plaintiff).

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) C, NonEL, Inc., Ltd., on November 2, 2009, is a car B around 07:05 (hereinafter “Plaintiff”) for a passenger car around 07:05.

A) A driver of Yeongdeungpo-gu Seoul Metropolitan Government, driving his frontway E in Yeongdeungpo-gu, and driving a road without a lane on the surface of Yeongdeungpo-gu as an air-band high-speed room. At this point, C had a duty of care to safely drive a vehicle by reducing speed and temporarily stopping at a time and examining the left-hand side of whether there is a vehicle crossing by temporarily stopping. Nevertheless, C is not negligent in doing so and C does not find out that the Ortoo that the Defendant driving is proceeding on the left-hand side from the right-hand side of the Plaintiff’s vehicle driving direction, and the part of the front-hand part of the Plaintiff’s vehicle impact on the left-hand side (see attached Form 1, e.g., the Verification Agency of Traffic Accidents (hereinafter “instant traffic accident”).

2) The Defendant suffered injury due to the instant traffic accident, such as the instant traffic accident’s acute depression, the Plaintiff suffered from injury, such as the external chronic chronic depression, the external chronic depression, and the ductal le, etc.

3) The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with non-EL and the Plaintiff’s vehicle. As the Plaintiff transferred the entire business to the Plaintiff’s succeeding Intervenor on May 27, 2015 and transferred the insurance contract at the same time, the Plaintiff’s succeeding Intervenor succeeded to the rights and obligations under the instant insurance contract from the Plaintiff (hereinafter “Plaintiff”) without distinguishing between the Plaintiff and the Plaintiff’s succeeding Intervenor.

(ii) [The fact that there is no dispute over the basis for recognition, each entry in the evidence of subparagraphs 1 through 6 and the purport of the whole pleadings;

B. According to the above facts, the instant traffic accident occurred due to the main negligence of C driving the Plaintiff’s vehicle, and thus, the Plaintiff is liable to compensate the Defendant for the damages arising from the Defendant’s comprehensive automobile insurance contract concluded with NonEL Co., Ltd.

C. Limit of liability, however, the location of the traffic accident in this case shall be signal, etc. for which traffic is not controlled.

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