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(영문) 서울중앙지방법원 2016.06.14 2015가합551890
채무부존재확인
Text

1. In relation to the traffic accident stated in the attached Form, the attached Form to the defendant (Counterclaim plaintiff) of the plaintiff (Counterclaim defendant) is recorded.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement in the attached Form (hereinafter “instant mutual aid agreement”) with respect to advanced transportation companies and B city bus owned by it (hereinafter “instant bus”).

B. C around May 28, 2015, around 22:25, 2015, around five lanes in front of Jongno-gu Seoul Metropolitan Government D-do 5 lanes, the bus of this case was driven at the intersection of Heung-ro to the intersection of Heung-ro and entered the bus stop.

C. The Defendant was located on the boundary line near the bus stops in the direction of the bus running in this case. At the time of passing through the Defendant, the intermediate part of the bus in this case was cut down to the roadway as was cut down to the Defendant. At the same time, the bus was faced with the lower part on the right side of the bus in this case and exceeded the floor.

(hereinafter “instant accident”). D.

The Defendant suffered injuries due to the instant accident, such as double alleys and the closure of inner walls.

[Reasons for Recognition] Unsatisfy, Party A’s entry and video (including each number; hereinafter the same shall apply) of Gap’s 1 through 7, 9, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff's accident of this case is that the defendant, who was drunk, was faced with the back part of the bus of this case, which was occupied by Gap's own roadway and operated normally from among the bus stops. The defendant's unilateral negligence is only caused by the defendant's unilateral negligence, and the plaintiff's accident of this case is not negligent in driving the bus of this case, and there is no structural defect or functional obstacle to the bus of this case.

Therefore, in relation to the accident of this case, the plaintiff's obligation to pay mutual aid money under the mutual aid agreement of this case to the defendant does not exist, thus seeking confirmation.

B. The accident of this case occurred due to negligence of violating the duty of bus drivers C on the front and the front side of bus drivers, and thus, the plaintiff suffered from the defendant due to the accident of this case.

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