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(영문) 인천지방법원부천지원 2019.09.26 2018가단14139
채무부존재확인
Text

1. The Plaintiff’s damage liability against the Defendant does not exist with respect to the accident described in the attached list.

Reasons

1. Facts of recognition;

A. Status 1 of the party concerned) The Plaintiff is a D-A-Wurt Vehicles (hereinafter “Plaintiff-Wurt Vehicles”).

A) The Defendant is the owner of the instant vehicle, and at the time of the instant accident, the Defendant is the F Kazed Vehicle for E Driving (hereinafter referred to as “Defendant vehicle”).

2) The Plaintiff’s Intervenor was an insurance company that entered into a comprehensive automobile insurance contract with the Plaintiff regarding the Plaintiff’s vehicle.

B. Around 15:07 on June 30, 2018, the Plaintiff driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle to drive the two-lanes in front of the three-lanes in the area of the traffic zone in Suwon-si. The Defendant’s vehicle was driving the said four-lanes. The Plaintiff, while changing the course from the two-lane to the three-lanes, turned the left part of the Defendant’s vehicle, which changed from the four-lane to the three-lanes, to the three-lanes, was shocked on the left part of the Plaintiff’s right side (hereinafter “instant accident”).

(2) The instant accident caused physical damage to the Plaintiff’s vehicle and the Defendant’s vehicle. G Co., Ltd., which concluded an automobile insurance contract with respect to the Plaintiff’s Intervenor and the Defendant’s Defendant’s vehicle, agreed on July 3, 2018 to determine the ratio of the Plaintiff’s vehicle and the Defendant’s vehicle’s fault to 60%: 40%.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The parties' assertion

A. Before the Plaintiff’s assertion of the instant accident occurred, the Defendant, which had already been showing the escape from a warning board before the Plaintiff’s and the Plaintiff’s assistant intervenor’s assertion, was going to go through a mountain on July 1, 2018, the following day after the instant accident occurred, and led to the aggravation of the damage to the crypium and the injury to the crypium and the injury to the Defendant was caused by the instant accident, and thus, there was no liability for damages to the Defendant

Nevertheless, the Defendant sought damages against the Plaintiff, and thus, the Plaintiff seeks confirmation of the absence of the damages liability.

B. The defendant's assertion is an objection.

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