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(영문) 부산지방법원 2018.05.24 2017가단326488
채무부존재확인
Text

1. The Plaintiff’s damage liability against the Defendant due to a traffic accident stated in the attached list does not exist.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with respect to the non-party Han Chang-si Co., Ltd. (hereinafter “Plaintiff”) owned by the non-party Han Chang-si Co., Ltd.

B. On July 27, 2017: (a) around 07:15, the Defendant driven a 124C NAEz. (hereinafter “Defendant vehicle”) without a license plate owned by Nonparty D, and driven a four-lane road in front of the opening of the Busan-gu Busan-do Kuk-dong, Busan-dong, Gigu, Busan-do, to the main line from the front line to three-lanes; and (b) there was an accident that conflict between the upper part of the Plaintiff vehicle and the front part of the Defendant’s right side (hereinafter “instant accident”).

C. The Defendant asserted that the Plaintiff is liable for damages arising from the instant accident with injury.

[Reasons for Recognition] Unsatisfy, each entry and video of Gap evidence Nos. 1 and 2 (including virtual numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is due to the distress or the operation of valleys on the part of the Defendant vehicle, and it was difficult for the Plaintiff to anticipate the emergence of the Defendant vehicle immediately before the shock. Therefore, the Plaintiff’s liability for damages against the Defendant due to the instant accident does not exist.

B. The Defendant’s assertion that the instant accident occurred due to the negligence between the Plaintiff and the Defendant’s vehicle, and thus, the instant claim ought to be dismissed.

3. In full view of the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, it is difficult to recognize the negligence of the instant accident as an force majeure accident that is difficult to expect as the Plaintiff’s driver, and thus, there is no liability to compensate the Defendant for the instant accident against the Defendant. Therefore, it is difficult to confirm that the Defendant is dissatisfied with this.

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