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(영문) 대전지방법원 2016.08.18 2015가단216649
채무부존재확인
Text

1. B motor vehicles and C. at a point 98 km, Seocheon-si, Seocheon-si, Seocheon-si, Chungcheongnam-do, at around 17:00 on November 18, 2014;

Reasons

The main lawsuit and counterclaim are also examined.

1. Occurrence of liability for damages;

A. The facts of recognition 1) D is as follows: (a) Bco-do trucking around 17:00 on November 18, 2014 (hereinafter “Plaintiff-motor vehicle”).

2) The Defendant’s Defendant’s vehicle, which was located in the direction of Incheon, is located in the direction of Incheon at a point of 98 km along the small interest rate (hereinafter “Defendant’s vehicle”) at a point of 98 km along the small-area highway, caused an accident that meets the central separation zone by neglecting his duty of care in the course of performing his duties. The Defendant’s vehicle (hereinafter “Defendant’s vehicle”) is located in the direction of Incheon.

2) The front part of the instant accident was shocked by the centralized separation zone structure and waves (hereinafter referred to as “instant accident”).

2) As a result of the instant accident, the Defendant, on board the Defendant’s automobile, suffered injury, such as “converting the bones of wood, bones, bones, and other side signboards accompanied by the nephal roots certificate,” and “damage to the gire’s gire belt, damage to the gire’s gireline, and heat.”

3) The Plaintiff is an insurer that has concluded a comprehensive motor vehicle insurance with the insurance period specified from February 28, 2014 to February 28, 2015. [Evidence Evidence: Evidence No. 1, 4, 5, and 10; evidence No. 5, No. 5, 6, and 7 (including the serial number; hereinafter the same shall apply) with respect to the Plaintiff’s motor vehicle, and the purport of the entire pleadings.

B. According to the fact of recognition of liability and the above-mentioned recognition, the plaintiff is liable for the damage suffered by the defendant due to the accident in this case as an insurer of a marine automobile.

Furthermore, as to the occurrence and expansion of damages caused by the instant accident, there is no evidence to acknowledge the Defendant’s fault, and there is no limitation on the Plaintiff’s liability.

2. Scope of liability for damages

(a) Actual income: The current price calculated at the time of the accident of the amount of damages of KRW 27,677,202 shall be calculated based on the method to deduct intermediary interest at the rate of 5/12 per month;

1 Personal information:

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