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(영문) 서울중앙지방법원 2020.06.10 2019가단5062280
채무부존재확인
Text

1. On January 4, 2019, it occurred between C and D vehicles at the Donsan-dong, Nancheon-gu, Nansan-si, Nansan-si, Nansan-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. At the time of the accident of recognition, the insured vehicle of the insured vehicle of the insured vehicle of the insured vehicle of the insured vehicle of the Plaintiff, at around January 20:40, at the time of the accident, the insured vehicle of the Defendant (hereinafter “Defendant vehicle”) was two lanes from the joint section (the first, second, third, fourth, and five lanes are reduced to one lane, the two lanes are reduced to one lane), and the two lanes are turned directly depending on one lane from the front side of the vehicle of the Plaintiff, while the Plaintiff’s insured vehicle of the Plaintiff (hereinafter “Plaintiff”), coming into two lanes from the joint section to the right side of the vehicle of the Plaintiff at the end of the end of the joint section, while changing the course from the front side of the vehicle of the Defendant from the front side to the right side of the vehicle of the Plaintiff at the end of the joint section.

The details of the instant accident are as follows.

B. On January 31, 2019, the Defendant paid the following insurance proceeds by the instant accident.

Self-motor vehicle damage: 1,671,70 won excluding 200,000,000 won for self-paid expenses for the damage, such as the repair cost of the defendant vehicle (based on recognition), the fact that there is no dispute, Gap evidence 1 through 4, Eul evidence 1 through 4, and Eul evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings;

2. The plaintiff asserts that the plaintiff does not bear an obligation to pay the money to the defendant who claims compensation based on subrogation against the insurer in respect of the damage, such as the cost of repairing the defendant's vehicle caused by the accident in this case on the premise that the accident in this case occurred due to the negligence of the driver of the plaintiff's vehicle. The defendant asserts that the defendant seeks payment from the insurer on the premise that the accident in this case occurred due to negligence of the driver of the plaintiff's vehicle.

3. Determination

A. The above facts and the prior facts of the liability ratio.

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