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(영문) 수원지방법원 2017.06.14 2016가단520542
채무부존재확인
Text

1. On May 13, 2016, the direction of whether the human body is a human body of a person who is a human body of a person who is a human body of a person who is a human body of a person who is a human body of a person who is a human body of a person who is a human body of a person

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid company that entered into a motor vehicle mutual aid contract with the Plaintiff bus (hereinafter “Plaintiff bus”) and the Defendant Gyeonggi Transport Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into an entrustment management contract with the Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and is the owner of the said Bosch Rexroth car registry.

B. At around 14:30 on May 13, 2016, Defendant A: (a) driven by Defendant Bosch Rexroth, and proceeded in the direction of whether the two-lanes near the fixed bus stops in the high-speed bus bus stops in the Gosi-dong, Young-dong, Young-si, Young-si, in the direction of the body of interested people, are the body of human beings; (b) while changing the course to one-lane, Defendant A tried to reduce the speed of the preceding vehicle while driving the vehicle; (c) Plaintiff bus following Defendant Bosch Rexroth did not reduce the speed of the bus; and (d) Defendant Bosch Rexroth’s rear part was concealed.

(hereinafter referred to as the "accident of this case").

From May 13, 2016 to October 4, 2016, the repair of Defendant Bosch Rexroth was required to be KRW 145,00,000, and KRW 3,330,00,00,00,00,00,00,00 for the repair cost, including consignment, on May 27, 2016, and on October 4, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including each number, if any), and the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant A, Defendant Bosch Rexroth is an affiliated vehicle for which the Plaintiff entered into an entrustment management contract with the Defendant Company, and the Defendant A merely is a driver of the Defendant Bosch Rexroth at the time of the instant accident, the Defendant A cannot be deemed to have the right to claim compensation against the Plaintiff regarding the damages incurred to the Defendant Bosch Rexroth due to the instant accident, and further, Defendant A has no assertion or proof as to what damages incurred due to the instant accident.

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