logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.02.08 2016가단18682
채무부존재확인
Text

1. In relation to the accident described in the [Attached Form], the Plaintiff (Counterclaim Defendant) is the party to whom the Plaintiff (Counterclaim Plaintiff) was appointed and the appointed party C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

(a) Date and time of the accident: around 08:20 on May 31, 2016, the accident location near the Daejeon Pungdong Nungdong: A is the Fcar's Fcar's driving (hereinafter referred to as "victim's driving vehicle") that was stopped to obtain signal at the intersection of the accident point after driving a D private taxi in the direction of the Chungcheongnamnam University:

2) The instant accident involving the back of the taxi (hereinafter referred to as the “instant accident”) in front of the taxi.

4) The Plaintiff is a mutual aid business entity that compensates for damages when the Plaintiff inflicts damage on another person due to a traffic accident. The Defendants, as the owner of a damaged vehicle, have the share of 1/00 and the designated parties C have the share of 9/100.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence No. 5-1-5, the purport of the whole pleadings

B. According to the above facts of recognition as the basis of liability, A is liable for damages suffered by the Defendants due to the instant accident, as a mutual aid business operator for the said taxi, since A was liable to compensate for damages incurred by the Defendants as a mutual aid business operator for the said taxi due to the instant accident, even though he/she was obliged to safely drive the vehicle under the influence of the front stop even if he/she did not properly perform his/her duty to drive the vehicle, so that he/she failed to do so, and thereby, caused the instant accident.

2. Scope of liability for damages

A. The instant accident requires a total of KRW 900,144 ( KRW 626,844,273,300) to repair the damaged vehicle.

In light of the background of the instant accident, the details of the repair (the rear gate, the rear gate, the rear gate, the rear gate, etc.), etc., it is difficult to view that the amount of the repair cost is excessive.

[Grounds for recognition] Nos. 3-1, 2, and 3-1.

arrow