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(영문) 의정부지방법원 2018.10.19 2018가합357
채무부존재확인
Text

1. The Defendant’s KRW 2,502,920 with respect to the Plaintiff and KRW 5% per annum from July 28, 2018 to October 19, 2018.

Reasons

1. Basic facts

A. The Plaintiff, a mutual aid association established pursuant to the Passenger Transport Service Act and the Enforcement Decree of the same Act, concluded a mutual aid agreement with the Plaintiff for compensation for damages (from May 1, 2017 to April 30, 2018) where the transportation from North Korea is liable for damages to a third party due to an accident that occurred during the operation of the vehicle B belonging to the transportation company in North Korea (hereinafter referred to as “Plaintiff vehicle”).

B. On February 2, 2018, around 18:32, the driver of the Plaintiff’s vehicle C, starting from a bus stop located in the Jung-gu Seoul Central Road in Jung-gu, Seoul, 385, along with a vehicle signal, one of the three-lanes (central bus exclusive lanes) is proceeding along with the vehicle signal. On the right side of the Plaintiff’s vehicle, the Defendant, who entered the crosswalk, in contravention of the pedestrian signal, was shocked to the right side of the Plaintiff’s vehicle and inflicted injury on the Defendant and the Plaintiff’s passenger D.

(hereinafter “instant accident”). C.

On February 12, 2018 and March 26, 2018, the Plaintiff paid 2,328,650 won in total to the Defendant as advance payment under Article 11 of the Guarantee of Automobile Accident Compensation Act, and paid 800,000 won in compensation for damages, including medical expenses, to D on February 14, 2018.

[Ground of recognition] Each entry and video of Gap evidence Nos. 1 through 3, 5 through 10 (including those with a serial number), and the purport of the whole pleadings

2. Determination as to the claim

A. The plaintiff's assertion 1) The accident of this case occurred due to the defendant's negligence regardless of whether the plaintiff violated the pedestrian signal, and therefore, the defendant is obligated to return unjust enrichment to the plaintiff, and pay to the plaintiff the total amount of 3,128,650 won (=2,328,650 won) paid by the plaintiff, and damages for delay. 2) The defendant entered the crosswalk at the time of the completion of the pedestrian signal and caused the accident.

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