logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.31 2019가단509591
채무부존재확인
Text

1. D and E vehicles generated at a location near the Dongjakdong on December 31, 2018, at around 18:20, as Seoul Olympic Games.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with D (hereinafter “Plaintiff”).

The defendant is the driver of the vehicle E (hereinafter referred to as the "Defendant vehicle"), and the designated parties are the passengers of the defendant vehicle.

B. Around 18:20 on December 31, 2018, H driven the Plaintiff’s vehicle at a location in the Olympic 210-ro, Dongjak-gu, Dongjak-gu, Seoul, and proceeded with one of the first two-lanes in the direction of the friwon Mariwon Mariwon, as the Olympic Games, on the right side of the Defendant’s vehicle running ahead of it. On the other hand, H contacted the Defendant’s vehicle with the front right side part of the driver’s seat of the Plaintiff’s vehicle with the rear wheels of the Defendant’s driver’s seat.

(hereinafter “instant accident”). C.

With respect to physical damage caused by Defendant 1, the Plaintiff compensated for both 90% of the Plaintiff’s vehicle and 10% of the Defendant’s vehicle according to the I Committee’s decision.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 8 and 9, the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion 1) The plaintiff’s assertion and the designated parties (hereinafter collectively referred to as “the defendants”).

(2) The Defendants asserted that there was no causal link with the instant accident, and thus, they did not have the Plaintiff’s liability to compensate for damages arising from the instant accident. (2) The Defendants asserted that the Defendants were injured due to the instant accident, and thus, the Plaintiff is liable to compensate the Defendants for total amount of KRW 13,415,107 (i.e., KRW 2,468,087 for the damages incurred to the Defendants (i.e., KRW 147,020 for the daily operating expenses of KRW 147,020 for the future medical expenses of KRW 600,000 per each person for the damages incurred to the Defendants).

B. 1) According to the facts acknowledged earlier, the Plaintiff, a mutual aid business entity of Plaintiff’s vehicle, is liable to compensate the Defendants for damages arising from the instant accident.

B. However, the instant accident is the Plaintiff’s vehicle that had changed course.

arrow