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(영문) 인천지방법원 2016.02.02 2014가단232752 (1)
채무부존재확인의소
Text

1. A traffic accident occurred between Nonparty B and the Defendant on April 18, 2014 in the Seo-gu Incheon Family Nowon-gu, Incheon around 07:00.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an individual motor vehicle comprehensive insurance contract with Nonparty B on the vehicles C owned by Nonparty B (hereinafter “Plaintiff vehicle”).

B. At around 7:00 on April 18, 2014, B, driving the Plaintiff’s vehicle and changing the vehicle line from the direction of Cheongra to three lanes along the two-lanes located in the West-gu Incheon Family Do, Seocheon-gu, Incheon, along the two-lanes, located in the direction of Cheongra, and met the front side of the Defendant’s 2002-type event, SLK230MD vehicle (hereinafter “Defendant’s vehicle”) operated along three-lanes on the right side of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). . [Grounds for recognition] without dispute, entry of Gap evidence 3, Gap evidence 2, Eul evidence 1, 2, 4, and 5, each video of Eul evidence 1, 2, 5, entries and images of Gap evidence 6, the result of this court’s verification, the purport of the whole pleadings.

2. According to the occurrence of liability for damages and the recognition of the limitation, the Plaintiff, as an insurer, is obligated to pay the amount of damages sustained by the owner of the Defendant’s vehicle due to the instant accident that occurred during the operation of the Plaintiff

However, in full view of the following circumstances revealed by the aforementioned evidence, it is reasonable to limit the Plaintiff’s liability to 80%, taking into account the following circumstances: (a) the Plaintiff’s vehicle was changed to the third line that the Defendant’s vehicle was driven by the Defendant without signal at a distance from the distance to the third line; and (b) the Defendant’s vehicle was stopped with the preceding vehicle, and was trying to immediately drive the second line; and (c) the details leading up to the instant accident.

3. Scope of liability for damages

A. 1) Determination as to repair cost damages: 120,780 Won 6 and 7 each description and image, Eul evidence 2, 4, and 5 each image, and the entire purport of the pleadings as a result of the verification by this court, in addition to the whole purport of the arguments, the fact that the instant accident occurred in front of the left-hand part of the Defendant vehicle, and the seal work is necessary to remove the said damage.

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