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(영문) 수원지방법원 여주지원 2018.04.24 2017가단52202
채무부존재확인
Text

1. On December 27, 2014, around 21:56, the traffic accidents occurred before the vice-ro, the vice-ro, the vice-ro, the vice-ro, the sub-ro, the sub-ro, the head of the Dong-gu.

Reasons

The principal lawsuit and counterclaim shall be judged together.

Facts of recognition

On December 27, 2014, the Defendant driven a two-wheeled vehicle B (hereinafter “Defendant vehicle”) on December 27, 2014, and stopped on the right side of the road at the location where the road was located in the front of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the sub-head of the city, and shocked the back of the non-commercial vehicle for D Driving (hereinafter “Plaintiff vehicle”).

(hereinafter “instant accident”). The Defendant suffered injury, such as she was suffering from the pelke and closed down the pelke part of the pelke, due to the said accident, and received hospital treatment from December 27, 2014 to January 22, 2015, and from January 28, 2015 to December 30, 2016.

From August 23, 2013, the defendant is operating the Chinese Egyptian House.

The plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C as to the plaintiff vehicle.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 5, the purport of the whole pleadings.

As seen earlier than the Plaintiff’s liability for damages, C has stopped and started the Plaintiff’s vehicle on the right side of the road, and in such cases, the driver of the vehicle shall bear the duty of care to safely drive the vehicle by entering the lane after checking whether there is another vehicle driving along the driving lane from the rear side.

Nevertheless, C did not regard the Defendant’s vehicle that is proceeding from the rear side, and entered the vehicular road, and due to this negligence, the instant accident occurred in which the Defendant’s vehicle concealed the rear side of the Plaintiff’s vehicle.

Therefore, the Plaintiff, the insurer of the Plaintiff vehicle, should compensate the Defendant for the Defendant’s damage caused by the instant accident.

The Plaintiff’s assertion as to limiting the Plaintiff’s liability is that C before entering the main lane at the time of the instant accident.

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