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(영문) 서울중앙지방법원 2017.07.21 2016가단5213353
채무부존재확인
Text

1. As to the traffic accident stated in the attached Form, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 22, 2015, the Plaintiff concluded a comprehensive motor vehicle insurance policy with respect to the passenger vehicles with prior unemployment Co., Ltd. and B B, with the insurance period from November 22, 2015 to November 22, 2016.

B. At around 13:30 on July 27, 2016, C driven the Plaintiff’s vehicle, and stopped on the lanes adjacent to the bus exclusive for buses in front of the Non-Life Insurance Building, Jung-gu, Seoul, Jung-gu, Seoul. The Defendant’s vehicle was driven by the front side of the bus exclusive for buses in front of the Non-Life Insurance Building. While the front side of the Defendant’s driving is going from the rear side of the Plaintiff’s vehicle to the left side of the Plaintiff’s vehicle, the front side of the Plaintiff’s vehicle was turned over to the front side of the Plaintiff’s vehicle, and the Defendant knee

(hereinafter referred to as “instant accident”). 【No dispute exists, Gap evidence Nos. 1, 2, and Eul evidence No. 2, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff is merely going beyond the defendant's speed or care without a conflict or contact with the plaintiff's vehicle while stopping the plaintiff's vehicle and going slowly in the future. Thus, the accident in this case occurred due to the defendant's total negligence and thus, the plaintiff is not liable for the accident in this case, and the plaintiff is sought confirmation of the non-existence of the plaintiff's obligation to pay the insurance money to the defendant.

B. As to this, the Defendant: C has stopped illegally on the side of the bus parking lot, and the Defendant sought to change the vehicle line to the left-hand side by avoiding the Plaintiff’s vehicle; however, the accident occurred and the safety zone was inevitable between the Plaintiff’s vehicle and the safety zone due to the risk of the accident; the proceeding section is narrow by the distance between the Plaintiff’s vehicle and the otobb, and it was driven on the ground in order to avoid a collision.

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