(영문) 대구지방법원 2021.02.19 2020가단127675

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(영문) 대구지방법원 2021.02.19 2020가단127675

채무부존재확인

Text

1. The Plaintiff’s damage to the TV set forth in attached Form 2 owned by the Defendant with respect to the re-accident set forth in attached Form 1.

Reasons

1. Basic facts

A. Nonparty C entered into a comprehensive automobile insurance contract (from May 21, 2019 to May 21, 2020) with the Plaintiff and the insured as C with respect to D vehicles owned by the Plaintiff (hereinafter “Plaintiff”)

B. C around April 1, 2020: 08:29, driving the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle on the two-lane 12-4 teoolol, Seogu, Seowon-gu, Seogu, Daegu-gu, Daegu, changed the vehicle line into two-lanes in order to avoid the preceding vehicle, which was driven by a rapid stop of the two-lane eropoch in the train tunnel, and the Defendant’s vehicle driving on the two-lanes at the time (hereinafter “Defendant’s vehicle”) stopped to avoid drillings with the Plaintiff’s vehicle (hereinafter “the instant accident”). C.

At the time of the instant accident, the Defendant’s vehicle had been placed in the attached Form 2 TV (hereinafter “TV”). However, as the Defendant’s vehicle stops at a rapid stop, the said TV was used and part of its set was destroyed.

(d)

On the day of the instant accident, the Defendant visited the hospital on the day of the instant accident, and was given diagnosis of the trokes, tensions, etc. of the race of the light, and was given a view that it requires the stability of approximately 2 weeks, and was given a prescription for the treatment.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5, video, the purport of the whole pleadings

2. Determination

A. According to the above recognition of the liability for damages, the instant accident occurred due to the negligence of the Plaintiff’s vehicle that caused the replacement of the vehicle in the tunnel where the replacement of the vehicle was prohibited, while driving the vehicle without ensuring the safety distance with the previous vehicle sufficiently. Thus, the Plaintiff, the insurer of the Plaintiff’s vehicle, is liable to compensate for the damages suffered by the Defendant due to the instant accident.

B. 1) The Defendant’s injury and other damages caused by the instant accident are separate from the Defendant’s automobile insurance.

유사 판례

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