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(영문) 수원지방법원 2016.09.08 2016나51146
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts are significant in this Court or are apparent in the records of this case:

The Plaintiff is an insurer who has entered into an automobile insurance contract for B5 tons of mechanical trucks (hereinafter referred to as “Plaintiff-motor vehicle”) between the Plaintiff and the Company, and the Defendant is the owner of CNAS vehicle (hereinafter referred to as “Defendant-motor vehicle”).

B. Around 09:50 on May 31, 2015, D driving the Plaintiff’s vehicle, without stopping the yellow signal, etc. installed at the front of the F-distance Intersection E in Osan City, and entered the said intersection as is, without stopping, and immediately leaving the said intersection. At the same time, D was received as the front side of the Defendant’s left side of the Plaintiff’s vehicle entering the said intersection for the purpose of bypassing from the lane located on the right side of the Plaintiff’s driving direction.

(hereinafter “instant traffic accident”). C.

As the insurer of the Plaintiff’s vehicle, the Plaintiff consulted with the Defendant on the amount of damages (insurance money) incurred by the damage of the Defendant’s vehicle due to the instant traffic accident, and did not reach an agreement. As such, the Plaintiff filed the instant lawsuit against the Defendant seeking a judgment, such as the written claim, with the court of first instance.

On October 23, 2015, the court of first instance referred the instant case to conciliation, and accordingly, “the Plaintiff between H and the Defendant’s legal representative, who is the Plaintiff’s legal representative, shall be paid KRW 15,00,000 to the Defendant until November 30, 2015, and where the Plaintiff fails to pay the said money by the payment date, the unpaid amount shall be paid in addition to the damages for delay calculated at the rate of 15% per annum from the date following the above payment date to the date of full payment, and the Defendant shall transfer all the rights to the Defendant’s vehicle to the Plaintiff, waive all the rights to the Defendant’s vehicle, and the expenses for storing the Defendant’s vehicle shall be borne and disposed of by the Defendant.

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