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(영문) 울산지방법원 2017.10.25 2017나23103
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

Attached Form

In relation to the traffic accident, the plaintiff's defendant.

Reasons

1. Facts of recognition;

A. On August 20, 2016, at around 14:20, the Plaintiff, driving a e-mail (hereinafter “Plaintiff-motor vehicle”) at the front of the D Pharmacy located in Ulsan-dong, Ulsan-gu, Ulsan-do, and driving the e-mail (hereinafter “Plaintiff-motor vehicle”) at the front of the Dental located in Ulsan-gu, Ulsan-gu, and proceeded again after temporarily suspending the e-mail at the long distance intersection

At the time, the plaintiff vehicle did not turn on any direction direction.

B. Meanwhile, while driving a F-wheeled Vehicle at the above point of view and driving the vehicle behind the Plaintiff’s vehicle, the Defendant temporarily temporarily stops the said F-wheeled Vehicle at the above distance intersection, resulting in the Plaintiff’s injury of the breadles et al. by the breadles beyond the above two wheeled Vehicle while driving the vehicle again and driving the vehicle again.

(hereinafter “instant accident”). C.

The Defendant spent KRW 782,020 as medical expenses due to the instant accident, and KRW 644,50 as repair expenses for the two-wheeled automobile.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1, 3, and 4, or video Nos. 1, 3, and 4, the fact inquiry results of the first instance court's Ulsan Police Station, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the defendant's failure to drive, and that there was no liability for damages since the plaintiff's vehicle and the defendant's two-wheeled vehicle did not have any contact with the plaintiff's vehicle and the defendant's two-wheeled vehicle and they did not interfere with the passage. Accordingly, the defendant asserts that the plaintiff is liable for damages since the vehicle was immediately parked to avoid contact with the plaintiff's vehicle by making a right-pass at the accident site

B. In full view of the records or images of the evidence Nos. 3, 4, and 5 of the judgment Nos. 1 and the fact-finding results and the overall purport of the pleadings in the first instance court, the Plaintiff’s statement was made after the instant accident was investigated by the police, and the Plaintiff’s vehicle tried to temporarily stop in the distance.

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