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(영문) 서울남부지방법원 2021.01.28 2020나55235
채무부존재확인
Text

The appeal by the Defendant (Counterclaim Plaintiff) is dismissed.

Expenses for appeal shall be borne by the defendant (Counterclaim plaintiff).

the purport and purpose of the claim;

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the judgment of the court of first instance, except where the part of the judgment of the court of first instance, among the grounds of the judgment of the court of first instance, is used as follows, and thus, it is acceptable in accordance with the main sentence of Article 420

2. The main part "3. Judgment and counterclaim shall also be deemed to be the main part and counterclaim.

(a) The main sentence of Article 3 of the Guarantee of Automobile Damage Compensation Act shall be liable for the damage in case where a person who operates an automobile for his own sake has killed or injured another person by the operation thereof;

"In principle, the driver's intention or negligence shall not be determined as a matter of principle. However, the same shall not apply to cases where a person who is not a passenger dies or is injured, but the driver himself/herself does not neglect to pay attention to the operation of the motor vehicle, and the victim or any third person other than the driver proves that he/she has intentionally or negligently caused the structural defect or functional impairment of the motor vehicle.

"In the event that a pedestrian who is not a passenger of a motor vehicle or a passenger of another motor vehicle is killed or injured, the driver or the driver of the motor vehicle shall not be obliged to pay compensation for the death or injury caused by the motor vehicle accident, if he/she or a third party proves that the driver or the driver did not neglect his/her duty of care and did not have any defect in the structure or function of the motor vehicle.

In light of the following circumstances, the instant accident occurred due to the Defendant’s total negligence in light of the health care unit and the overall purport of the evidence presented earlier, and the following circumstances: (a) the instant accident occurred due to the Defendant’s negligence. (b) the instant accident occurred due to the Defendant’s total negligence in light of the health care unit and the overall purport of the evidence presented earlier.

It is reasonable to see the Plaintiff’s vehicle.

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