(영문) 서울중앙지방법원 2015.07.24 2012가단266736

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(영문) 서울중앙지방법원 2015.07.24 2012가단266736

채무부존재확인

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1. As to the insured incident stated in the attached list, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 16, 2012, around 08:45, the Defendant driving a vehicle B (hereinafter “Defendant vehicle”) located in Yongsan-gu, Yongsan-gu, Seoul (hereinafter “Defendant vehicle”) around 08:45, and driving a vehicle using three lanes in the direction of Hannam-do in the direction of Hannam-do.

In order to be a U-turn, the vehicle line installed between the two-lanes of the above road 1 and the two-lanes and the two-lanes of the real-line line, the one-lanes of the two-lanes, and the one-lanes of the two-lanes, and the two-lanes of the end of the vehicle of the Plaintiff as the front part of the vehicle of the Plaintiff.

(hereinafter “instant accident”). The Defendant sustained injury, such as the 4th century, due to the instant accident.

B. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Whether liability for damages has arisen and been limited;

A. According to the facts found in Paragraph (1) prior to recognition of liability for damages, the Plaintiff is liable for the damages suffered by the Defendant due to the instant accident as the insurer.

B. The Plaintiff asserts that the instant accident occurred due to an unreasonable change in the vehicle line for the Defendant’s illegal internship, and that the Plaintiff’s driver was not able to avoid the collision, and therefore, the Defendant is not liable to compensate for the damages of the said accident.

In light of the above evidence, it is recognized that the accident of this case occurred due to the defendant's unreasonable change in the vehicle line as alleged by the plaintiff.

However, according to the above evidence, the driver of the Plaintiff is also a traffic accident that occurred on the opposite lane.

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