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(영문) 광주지방법원순천지원 2020.08.19 2020가단74983
채무부존재확인
Text

1. On September 15, 2019, between the Plaintiff’s E-car and the Defendant’s F-car on the G road at the 10:30 p.m. on September 15, 2019

Reasons

1. Under the basic facts, as the Plaintiff was driving a E-car (hereinafter referred to as “Plaintiff-Vehicle”) on the two-lanes around the 10:30-lane B around the 15-lane G on September 15, 2019, near the two-lane B around the 2-lane B, the fact that the Plaintiff, while driving a vehicle on the two-lane B around the G, had contacted the right-hand side of the Defendant’s driver’s F-car (hereinafter referred to as “the Defendant’s vehicle”) traveling along the two-lane B, with the left-hand side of the Plaintiff’s vehicle (hereinafter referred to as “the instant accident”), does not conflict between the parties, or that it is recognized that the entire purport of the pleadings is added to the entries or images set forth in subparagraphs A through 4.

2. The plaintiff asserted that the accident in this case is a minor accident where the left-hand part of the plaintiff's vehicle contacted the right-hand part of the defendant's vehicle even even if the defendant's vehicle was damaged or the defendant did not have any different relation, and the defendant sought compensation for damages, such as repair costs and medical expenses, against the plaintiff, and the non-existence of the debt is confirmed.

In regard to this, the Defendant claimed that the Defendant was liable to pay damages of KRW 115,742, the repair cost damages of KRW 115,742, the medical expenses damages of KRW 831,893, and the lost loss of KRW 480,00 (i.e., KRW 80,000 per day x 6 days of hospitalization) on the ground that the Defendant suffered from a salt pan and tension in the instant accident and damaged the Defendant’s vehicle.

3. According to the facts acknowledged prior to the occurrence of liability for damages, the Plaintiff committed an error in progress between the first and the second lanes, and such error was the cause of the instant accident.

Therefore, barring any special circumstance, the Plaintiff is obligated to compensate the Defendant for damages incurred thereby.

4. Scope of liability for damages

A. In a lawsuit seeking confirmation of the existence of a pecuniary obligation, the Plaintiff, the obligor, should first specify the cause of the occurrence of the obligation and deny the fact of the occurrence of the obligation.

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