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(영문) 인천지방법원부천지원 2017.11.29 2015가단18635
채무부존재확인의소
Text

1. On June 24, 2015, around 8:07, both sides of Kimpo-si, Kimpo-si, Kimpo-si, the third-lane apartment is located in the front of the apartment.

Reasons

1. Basic facts

A. On June 24, 2015, around 08:10 on June 24, 2015, the driver D, a driver affiliated with the Plaintiff, was driving three-lanes of the two-lanes in front of the two-lanes in front of the old-si, Kimpo-si, Kimpo-si, Kimpo-si, and the three-lanes of the above three-lanes of the road in front of the two-lanes in front of the old-si, Kimpo-

At the time, the network A (hereinafter referred to as "the network") was a bicycle riding on the front side of the bus at the time.

B. D continuously driven the Plaintiff’s bicycle while driving the Plaintiff’s vehicle, which led to the Plaintiff’s driver’s bicycle while driving the vehicle, and the Plaintiff’s driver’s bicycle will lose his own balance and go beyond the left side to the left side. The Plaintiff’s front side part of the Plaintiff’s vehicle and the Deceased’s bicycle was shocked.

(hereinafter referred to as "the accident of this case"). (c)

On July 1, 2016, the Deceased suffered from brain injury and spine damage, and died of the merger witness-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-hon-

D was prosecuted for violating the Act on Special Cases concerning the Settlement of Traffic Accidents due to a person who violated his duty of care as a driver of the instant accident, resulting in the death of the deceased. The vice branch of the Incheon District Court found D guilty on August 31, 2017 and sentenced D to a fine of five million won, and D is still pending in the appellate trial after the appeal was filed against the said judgment.

[Ground of recognition] Facts without dispute between the parties, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1, 2 and 9 (including various numbers; hereinafter the same shall apply) and the purport of the whole pleadings, and the purport of the whole pleadings

2. Recognition of liability;

A. According to the above fact of recognition of liability, the accident of this case occurred due to negligence in breach of D's duty of care.

As a result, B has died, D'.

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