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(영문) 인천지방법원부천지원 2015.11.13 2013가단37816
채무부존재확인 및 부당이득금반환
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The following facts are not disputed between the parties:

The Plaintiff is an insurer who has concluded an insurance contract in the attached list (hereinafter “instant insurance contract”) with respect to D Poter Trucks (hereinafter “Plaintiffs”). Nonparty F is the driver of the Plaintiff’s vehicle.

Defendant C is the owner and driver of E SP car (hereinafter referred to as “Defendant vehicle”), and Defendant A and G are their parents.

On January 26, 2013: (a) around 13:15, 13:15, the Plaintiff’s vehicle at the intersection in front of the 70 bathing beach zone (hereinafter “instant intersection”) had an accident of collision between the Plaintiff’s vehicle and the front side of the Defendant’s vehicle at the center of the intersection, while the Defendant’s vehicle is proceeding from the public parking lot (Hel) to the sea side, and the lower side of the Plaintiff’s vehicle at the center of the intersection and the front side of the right side of the Defendant vehicle.

(hereinafter “instant accident”). At the time of the instant accident, the signal and road status of the instant intersection were the first line with the direction of the Plaintiff’s vehicle’s driving direction, the second line with the yellow on-and-off signal, and the direction of the Defendant’s driving direction was the red on-and-off signal.

The Plaintiff’s assertion that the Plaintiff’s vehicle entered the instant intersection and proceeded with a considerable part of the Plaintiff’s claim. The Defendant’s vehicle entered the instant intersection while violating the duty of temporary suspension and the duty of prior watching, etc., and the Defendant’s vehicle shocked the front right side of the Defendant’s vehicle.

Therefore, the instant accident entirely occurred due to the negligence of the Defendant vehicle. As to the instant accident, there is no obligation to pay the Plaintiff’s insurance proceeds under the instant insurance contract against the Defendant with respect to the instant accident, and the amount of the Plaintiff’s insurance proceeds paid by receiving a claim from the Defendants for medical expenses, etc. (Defendant A4,145,670 won, Defendant B4,564,230 won, and Defendant C2,670,180 won) with respect to the instant accident, respectively, under the circumstances where it is not verified accurately

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