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(영문) 의정부지방법원 2019.12.19 2019나209261
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Around August 11, 2018, the Plaintiff’s assertion that there was no difference between the Defendant’s vehicle and the Defendant’s vehicle due to the occurrence of such an accident, even though the sorain set up by the Plaintiff at a D camping site located in Pyeongtaek-gun, Gyeonggi-gun, D Camping the wind, the Defendant made a false assertion as if the Defendant’s vehicle was damaged.

Accordingly, the plaintiff seeks to confirm that there is no liability for damages against the defendant in relation to the above accident.

2. Determination on the cause of the claim

A. In full view of Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1-2, Eul evidence Nos. 2 and Eul evidence Nos. 3, and the whole purport of the arguments and arguments, it is recognized that the plaintiff's accident that the plaintiff's owner of the plaintiff was faced with the defendant's vehicle due to the plaintiff's accident that the plaintiff caused the wind of the plaintiff's vehicle without properly installing the sorarara, the defendant's accident that the spath and the spath from the car face with the plaintiff's vehicle, and the driver's vehicle was killed. According to the above facts of recognition, it is reasonable to deem that the damage was caused to the defendant's vehicle due to the negligence that the plaintiff did not install the sorara properly. Thus, the plaintiff is liable to compensate the defendant's damage. However, it is difficult to conclude that all expenses incurred in the repair of the defendant's vehicle due to the completion of the repair of the defendant's vehicle was caused by the plaintiff's 50% limit of the defendant's liability in the pleadings in this case.

B. According to the evidence No. 3, it is recognized that the Defendant paid KRW 500,000 to the right side of the Defendant vehicle after the accident.

Therefore, the part of the damages that the Plaintiff is liable for is KRW 2.50,000 (=500,000 x 0.5) according to the above limitation of liability.

C. In the end, the so-called “surgy” established by the Plaintiff at the D Camping site located in Gyeonggi-gun, Gyeonggi-do, on August 11, 2018, is wind.

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