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(영문) 서울북부지방법원 2021.01.15 2018가단124864
채무부존재확인
Text

Attached Form

In relation to the traffic accident described in the list, the plaintiff (Counterclaim defendant) against the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts are found either in dispute between the parties or in combination with the overall purport of the pleadings on the images of Gap evidence Nos. 1, 2, and 4, evidence No. 1, evidence Nos. 1, and evidence Nos. 3 and 8:

A. At around 03:55 on December 12, 2012, C driving a D-e-mailed vehicle (hereinafter “Plaintiff’s vehicle”) from the new calendar distance located in Gangnam-gu Seoul, Seoul (hereinafter “Plaintiff’s vehicle”) and driving the vehicle at the left at the two-lane distance from the active duty road, and driving the vehicle on the left at the right-hand side of the Defendant’s E-si (hereinafter “Defendant’s vehicle”) who stopped on four-lanes in the direction of driving the vehicle and stopped on the right-hand side of the Plaintiff’s right-hand side (hereinafter “the instant accident”). B. The Defendant suffered an injury, such as the fluoral, scar, and fluoral dal dums, etc., due to the instant accident.

(c)

The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle (the insurance period: from December 31, 201 to December 31, 2012).

2. Occurrence of liability for damages;

A. According to the fact of recognition of the above liability for damages, since the Defendant was injured due to the operation of the Plaintiff’s vehicle, the Plaintiff, as the insurer of the Plaintiff’s vehicle, is liable to compensate for damages related to the Defendant’s considerable amount of damages caused by the instant accident.

B. Limit of liability, however, the Plaintiff’s liability is limited to 90% in consideration of the fact that the instant accident occurred in the state of stopping the Defendant’s vehicle on the nearby road (at least five meters from the edge of the intersection) in order to wait for the passengers who want to board the taxi.

3. In principle, the period for calculating the scope of liability for damages shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 10 shall be discarded.

The calculation of the current value at the time of the accident shall be governed by the discount law that deducts the interim interest at the rate of 5/12 per month.

The Parties’ arguments.

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