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(영문) 수원지방법원안양지원 2015.01.22 2014가단111106
채무부존재확인
Text

1. With respect to the attached Form of traffic accident, the damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is below.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to Bros vehicles (hereinafter “Plaintiffs”).

B. On May 20, 2014, where no signal apparatus is available, C was shocked by the left-hand-hand-hand-hand-hand-hand-hand-hand-off vehicle of the Defendant-owned DPosor vehicle (hereinafter “Defendant-owned vehicle”) that operated the Plaintiff vehicle at the Syang-dong Syang 7-dong supervision bridge and left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on

(Attachment Form 3 is the same as the traffic accident, and hereinafter referred to as "the traffic accident in this case").

From May 27, 2014 to June 4, 2014, the Defendant paid KRW 8 million at the repair cost by sirening a substitute vehicle for eight days (one million won per day). On July 7, 2014, after entrusting the repair of the Defendant’s vehicle to the maintenance business, the Defendant paid KRW 4,63,156 at the repair cost on August 28, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, and Eul’s 2 through 5, the purport of the whole pleadings and arguments

2. Determination on the principal lawsuit and counterclaim

A. A. A summary of the Plaintiff’s assertion 1) The damage of Defendant vehicle caused by the instant traffic accident is KRW 2,638,400 (i.e., restoration and repair cost of KRW 1,126,40 for two days). Since the negligence of Defendant vehicle who attempted to turn to the left immediately at the intersection without signal apparatus is 40%, the Plaintiff’s damage liability is limited to KRW 1,583,040 (=2,638,400 + 60%). (ii) The instant traffic accident of this case is due to one negligence due to the Plaintiff’s failure to perform his duty of care at the front time of the Plaintiff vehicle, and the Plaintiff is obligated to pay the Defendant repair cost of KRW 30,63,150 (i.e., KRW 4,633,156 rental cost of Defendant vehicle, KRW 23,000, KRW 3,000, KRW 300) and delay damages therefrom.

B. 1) According to the above basic facts, the Plaintiff, as the insurer of the Plaintiff’s vehicle, is responsible for compensating the Defendant for the damages incurred by the Defendant due to the instant traffic accident. 2) The Plaintiff began to turn to the left.

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