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(영문) 인천지방법원부천지원 2016.04.07 2015가단108613
채무부존재확인
Text

1. On January 2, 2015, at around 10:00, the Plaintiff’s C Carnche located in the vicinity of the exit in the direction of strengthening Kimpo-si, Kimpo-si.

Reasons

1. Basic facts

A. The Plaintiff is the driver of the C Kaman vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the driver of the D Maren vehicle (hereinafter “Defendant vehicle”).

B. On January 2, 2015, around 10:00, the Plaintiff driven the Plaintiff’s vehicle and proceeded along the road along the right side in the vicinity of the opening direction of the city Kimpo-Eup Kimpo-si in the city of Kimpo-si, while changing the course to four-lanes, the Plaintiff was in contact with the lower left side of the Plaintiff’s vehicle and the lower side of the right side of the Defendant vehicle (hereinafter “instant traffic accident”).

C. On April 30, 2015, the Defendant claimed KRW 1,478,266 for the repair cost of the Defendant’s vehicle to the Meritorious Damage Insurance Co., Ltd., which was purchased by the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) The defendant intentionally caused the traffic accident of this case by accelerating the defendant's vehicle in order to stop the plaintiff's sticking, and the damage of the plaintiff's vehicle and the defendant's vehicle caused by the traffic accident of this case is minor and sufficient to repair it at each party's expense. Thus, there is no liability for damages against the defendant with respect to the traffic accident of this case. 2) The traffic accident of this case occurred by placing the plaintiff's vehicle on the side, which is not a road that can be driven by the defendant's vehicle. Accordingly, the defendant suffered damage equivalent to KRW 1,478,266 for the repair cost of the defendant's vehicle, and thus, the plaintiff is liable for the above damages to the defendant.

B. According to the facts of recognition as above, it is reasonable to view that the instant traffic accident was caused by the negligence of the Plaintiff while driving along the road side on which the Plaintiff is prohibited from driving while driving the Plaintiff’s vehicle on the side of the road, and that the instant traffic accident was caused by the negligence of the Plaintiff. The written statements in the Evidence Nos. 5 and 7 are alone.

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