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(영문) 인천지방법원 2018.06.26 2017가단216256
채무부존재확인
Text

1. Around 23:03 on July 13, 2016, B was driving a C-business taxi and turn to the left at the D On the south-gu Incheon Metropolitan City.

Reasons

1. Basic facts

A. The Plaintiff is a business operator who has entered into a mutual aid agreement for compensation for business cars with respect to Csi owned by the highest taxi company (hereinafter “Plaintiff”).

B. B, around 23:03 on July 13, 2016, driving the Plaintiff’s vehicle, driving the front road D in front of the Seo-gu Incheon Metropolitan City in the direction of the alley-dong road from the market direction of agricultural and fishery products market, and making the front turn to the left at the right edge of the SK Incheon-gu branch.

In the process, there was an accident that the front part of the lower part of the Defendant (FF and male) driving E-car (hereinafter “Defendant”) who was behind the Plaintiff’s vehicle and the lower part of the entrance door on the left side of the Plaintiff’s vehicle which was not complete to turn left (hereinafter “instant accident”).

C. The Defendant asserts that he was injured due to the instant accident, and received treatment as indicated in the column of the payment place and the entry/entry period (the number of days of actual treatment) in attached Form 1, and the Plaintiff paid the Defendant a sum of KRW 3,144,930 as indicated in the “mutual aid money” column in attached Form 1 as the Defendant’s medical expenses.

[Reasons for Recognition: Facts without dispute (including the fact that the plaintiff was a person), entries in Gap evidence 2, 3, and 6, or the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The Plaintiff’s summary of the instant accident was caused by the unilateral negligence of the Defendant’s vehicle, which was followed by the Plaintiff’s vehicle, and even if there were some negligence on the Plaintiff’s vehicle, since the speed of the Plaintiff’s vehicle and the Defendant’s vehicle was very slow at the time, it would be said that there was no injury inflicted on the Defendant.

Therefore, the Plaintiff, who entered into a mutual aid agreement on the Plaintiff vehicle, seeks confirmation against the Defendant that there is no obligation of the Plaintiff related to the instant accident.

In addition, since the medical expenses, etc. paid by the plaintiff to the defendant are irrelevant to the accident of this case, the defendant paid to the plaintiff.

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