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(영문) 전주지방법원 2017.10.11 2017가단10437
채무부존재확인
Text

1. On January 26, 2017, at around 09:15, Defendant B driving a D vehicle while the Plaintiff driven the D vehicle in the Seocho-gu, Seoul Special Metropolitan City on January 26, 201.

Reasons

1. Facts of recognition;

A. On January 26, 2017, the Plaintiff, while driving DSS3 Vehicles (hereinafter “Plaintiff-Motor Vehicle”) around 09:15 on January 26, 2017, the part of the back part of Defendant B’s Espke vehicle (hereinafter “Defendant-Motor Vehicle”) which stopped from the shooting distance of the Geumnam-gu, Jin-gu, Seoul, Jin-gu, Seoul, was shocked with the front part of the Plaintiff’s vehicle.

(hereinafter “instant accident”). (b)

As a result of the instant accident, the color part of the back part of the Defendant vehicle was partially off, and the Defendant B agreed to receive KRW 21,000 from the Case Non-Life Insurance Co., Ltd., the insurance company which concluded an insurance contract with the Plaintiff, 221,00 as unrepair cost.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 1-1, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred in an insignificant accident of KRW 221,00,000, and thus, the Defendants did not suffer injury to the extent that they should receive hospitalized treatment due to the instant accident. Therefore, there is no liability to compensate the Defendants for damages arising from the instant accident.

B. Due to the Defendants’ assertion, Defendant B’s assertion that the accident occurred in the instant case, and Defendant C, who was accompanied by the Defendant’s vehicle, suffered from crusium treatment expenses of Defendant B, 263,80 won, 2,33,100 won, 6 million won in total, and 11,496,980 won in compensation for damages, as well as damages for delay.

3. Determination

A. The instant accident occurred due to negligence that caused the Plaintiff’s negligence while driving the Plaintiff’s vehicle, and thus, the Plaintiff is liable to compensate for the damages incurred by the Defendants due to the instant accident.

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