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(영문) 부산지방법원 2014.10.23 2013가단87327
채무부존재확인
Text

1. As to the traffic accident stated in the attached Form, the Plaintiff (Counterclaim Defendant)’s obligation to pay damages to Defendant B.

Reasons

1. Determination as to the main claim against Defendant B

A. The traffic accident stated in the attached Form to the indication of the claim is an accident caused by the total negligence of C, which is the driver, and there is no proximate causal relation with the stopping of D, which is the insured vehicle of the Plaintiff, so there is no obligation of the Plaintiff to pay damages to Defendant B (C’s partner) as to the above traffic accident.

(b) Judgment on deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

2. We examine the principal lawsuit and counterclaim between the Plaintiff and the Defendant A regarding the principal lawsuit and counterclaim claim.

A. On September 30, 2013, at around 02:15, 2013, C is a D New Zealand car (hereinafter “instant parking vehicle”) with the right side of the road where Nonparty F parks on the right side of the road while driving the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

(B) After the collision on the left side of the G K5 vehicle, the latter part of the G K5 vehicle parked in approximately 16 meters prior to the collision, and due to this, the G K5 vehicle died while being sent to the hospital rapidly and being treated (hereinafter “instant accident”).

2) At the time of the instant accident, the deceased C (hereinafter “the deceased”) driven without a driver’s license in the state of the blood alcohol concentration of 0.16% at the time of the instant accident, and Defendant B was accompanied by the vehicle involved in the accident.

3) At the time of the instant accident, the road surface cut down was milched, and, on the side of the edge of the road, yellow lines were marked, and thus, the road section in which the instant accident occurred was allowed to stop, but parking was prohibited. However, from 23:00 on the day before the instant accident occurred, F parked the instant accident at the site of the accident in the state that one half of the body width of the vehicle was occupied by two lanes. 4) The instant vehicle was turned on the street, etc. near the instant accident site, and 2-3 vehicles were parked behind the instant parking vehicle at the time of the instant accident.

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