(영문) 서울중앙지방법원 2019.01.31 2017가단72769

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(영문) 서울중앙지방법원 2019.01.31 2017가단72769

채무부존재확인 등

Text

1. On October 26, 2016, between E and F vehicles at the 51 East-ro 51 East-ro, Jung-gu, Seoul, Jung-gu, 050:

Reasons

1. Facts of recognition;

A. At around 01:50 on October 26, 2016, G: (a) driven a taxi (hereinafter “Korean taxi”); (b) changed the two-lanes into the two-lanes while driving the two-lanes along the 51 East East-ro, Jung-gu, Seoul, along the two-lanes from the intersection to the intersection intersection; (c) while driving a Fsi (hereinafter “Defendant”); (d) while driving a vehicle at the Fsi, while driving the vehicle along the vehicle, the Defendant concealed the part of the vehicle behind the right part of the Defendant’s vehicle into the front part of the latter part.

(hereinafter “instant accident”). B.

The Plaintiff paid KRW 430,050 to the Defendant for medical treatment related expenses due to the instant accident, as a mutual aid project operator who entered into a mutual aid agreement with respect to a vehicle in Ghana.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, Eul evidence 1's video, the purport of whole pleadings

2. Determination

A. The plaintiff asserted that the accident in this case occurred due to the defendant's total negligence that followed the vehicle as an accident subsequent to the future. Thus, the plaintiff's liability for damages against the defendant based on the accident in this case does not exist, and the medical expenses that the plaintiff paid to the defendant should be returned to the defendant as unjust enrichment.

In regard to this, the defendant asserts that the accident of this case is an accident caused by the rapid change of the sea lane and the suspension of the vehicle on the motorway, so the plaintiff shall compensate the defendant for the mental damage including the mental damage caused by the accident of this case.

B. According to the above facts, the Defendant appears to have suffered injury, such as receiving treatment due to the instant accident, and barring any special circumstance, the Plaintiff is liable to compensate for the Defendant’s damage caused by the instant accident as a mutual aid business operator of the Gain Vehicle. Furthermore, according to the health team and the aforementioned evidence, the Plaintiff’s assertion of exemption from liability is examined.

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