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(영문) 대구고등법원 2015.03.31 2014나21732
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that runs non-life insurance business, and the insurer that entered into an insurance contract for D trucks (hereinafter “Plaintiff’s automobile”) between B and B as shown in attached Table 2, and the Defendant was injured by a traffic accident listed in attached Table 1 (hereinafter “instant traffic accident”).

B. The point where the instant traffic accident occurred refers to the point where the first line, which was emitted from the entrance of the 80 km-dong west apartment at the speed of the speed of 80 km, is opened to the right-hand side of the said road, after the speed of the speed of 80 km, is reduced to 5 km. 2) At the right-hand side of the said road, the width of 24 cm high, approximately 20 cm wide, and 80 cm high to 80 cm high, is installed, and the steel ties are installed on the side below the slope and the slope side of the road.

3) The instant traffic accident occurred at night. On the road, street lights are installed at intervals of 43 to 44 meters. 4) At the time of the instant traffic accident, weather conditions at the time of the instant traffic accident are clear and the surface was built.

5) The instant traffic accident location was parked at the right side of the road from November 17, 2013 to the area where parking is prohibited. C was parked on the Plaintiff’s side side, while driving a vehicle at the right side of the road. At the time of the accident, E driven the Defendant’s side while under the influence of alcohol content of 0.067%.

7) The type of the Plaintiff’s vehicle was destroyed by a dump truck due to the instant traffic accident, which led to the destruction of the front left side and the wheel, and the vehicle parked on the front side of the Plaintiff’s front side was destroyed by the lower left side of the rear quier soil and the rear wheeler was destroyed, and the Defendant’s vehicle was destroyed by the front right side of the vehicle. 8) The instant traffic accident is the instant traffic accident.

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