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(영문) 대구지방법원 2020.06.05 2018가단115181
채무부존재확인
Text

1. The plaintiff's obligation to pay damages to the defendant in relation to a traffic accident stated in the separate sheet shall be 49,476.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid association established under the Passenger Transport Service Act, and the Plaintiff is a mutual aid provider that entered into a mutual aid agreement to compensate for damages where the Plaintiff is liable for damages due to an accident that occurred in the operation of the D-business taxi (hereinafter “instant taxi”) owned by Nonparty C (hereinafter “Nonindicted”) with the Plaintiff as a mutual aid company established under the Passenger Transport Service Act, and the Defendant is a E-to-be driver.

B. On May 10, 2013, around 13:18, F in the course of the occurrence of a traffic accident, when driving the instant taxi owned by the non-party company and entering the scare-distance intersection in Seo-gu, Seo-gu, Seo-gu into the yellow signal from the bank of G school to H school, the left-hand side of the Defendant driving, which was departing from the direction of the death voltage distance from the two kinds of neons streets, conflict with the front part of the instant taxi (hereinafter “instant accident”). Accordingly, the Defendant sustained the injury, such as the mouth at the bottom of the mouth and the Bridge.

C. The Defendant, such as the payment of medical expenses, was hospitalized from May 10, 2013 to June 7, 2018 in order to treat the injury caused by the instant accident (i.e., the total of 91 days) and received outpatient treatment. The Plaintiff, as a mutual aid business entity of the instant taxi, paid a total of 20,068,580 won to the Defendant.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, and 6, the result of the commission of physical appraisal to the president of the Ganbuk University Hospital of this Court, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion lies in competition not only in the instant taxi but also in the early departure of the Defendant in violation of the stop line, and even if the Defendant’s treatment of injury was completed due to the instant accident, the Defendant demanded the Plaintiff to pay a high amount of compensation.

The plaintiff has already paid the defendant the sum of KRW 20,068,580 to the treatment expenses.

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