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(영문) 의정부지방법원고양지원 2014.01.29 2012가합4343
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 200,793,972 to the Defendant (Counterclaim Plaintiff) and its related amount from January 29, 2009 to January 29, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts are not disputed between the parties, or acknowledged by Gap evidence 1, Gap evidence 2, Eul evidence 3-1 through 5, Eul evidence 1, Eul evidence 5-1, Eul evidence 5-2, Eul evidence 5-3 through 10, Eul evidence 5-3 through 5-10, and Eul evidence 5-3 through 5-10, and the results of inquiry, reply, and the whole purport of arguments with respect to the chief of the Ilsan Police Station of this Court.

The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement for the Plaintiff’s vehicle with C, the owner of the Plaintiff’s private taxi (hereinafter “Plaintiff”), and the Defendant is a person who suffered damage due to the instant accident deemed below.

B. At around 23:50 on January 29, 2009, C, while driving the Plaintiff’s vehicle, changed the course from the two lanes to the one-lane while driving the D apartment in the direction of the 1608-dong, Yongsan-gu, Seoyang-si, Manyang-si to change the course from the two-lane to the one-lane, and the one-lane was driving the Plaintiff’s vehicle, and there was a traffic accident that shocks the front part of the Oba in the front left part of the Plaintiff’s vehicle as the front part of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

The Defendant, due to the instant accident, was hospitalized at the Innsan Hospital, etc. of the Human University from January 30, 2009 to May 20, 2013, which was the day following the date of the instant accident, due to the injury of a part of the mouth, etc. inside the right side.

2. Occurrence of liability for damages;

A. According to the above facts, the accident of this case occurred due to the negligence of changing the course of the plaintiff vehicle's vehicle's attempt to make a U-turn by unreasonably changing the course in the place where the U-turn is prohibited. Thus, the plaintiff is liable to compensate the defendant for the damage caused by the accident of this case as the mutual aid business operator of the plaintiff vehicle.

B. Limit of liability for damages, however, the above evidence is angle of the evidence.

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