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(영문) 부산지방법원 2018.11.27 2018가단305396
채무부존재확인
Text

1. The plaintiff is against the defendant due to an accident described in the attached Table 2 according to the insurance contract listed in the attached Table 1.

Reasons

1. Facts of recognition;

A. On January 8, 2010, the Defendant entered into an insurance contract in the attached Table 1 (hereinafter “instant insurance contract”) with a non-life insurance business and a corporation established to run any ancillary business incidental thereto, as indicated in the attached Table 1 (hereinafter “instant insurance contract”).

B. The Defendant, at around 17:20 on November 7, 2017, at the insurance contract term of the instant case, driven a B car (hereinafter “instant car”) and operates it to 36, Hannam-dong, Hannam-gun, Hannam-do.

A bend, along the one-lane of private apartment, was proceeding on the ndnd road from the west-dong boundary to the west-dong Central Middle School bank. On the right side of the running direction at the time, the vehicle was illegally parked, which led to the running of the car in this case to the center line at the virtual level.

On the other hand, the Defendant discovered the bicycle of the net C (hereinafter “the deceased”), which was fast down of the road at the above hub point, and stopped immediately. However, an accident was caused by the deceased’s getting off at the speed without getting off the speed, and the head part of which is shocked on the road floor (hereinafter “the accident in this case”). Accordingly, the deceased died from brain death on the 9th day of the same month following this mold.

C. On November 23, 2017, the Defendant was subject to investigation on the charge of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Lower Police Station. During the process, a criminal agreement was made to pay KRW 30 million to the bereaved family members of the Deceased.

However, the Jinwon District Prosecutors' Office, which investigated the accident of this case, did not have a central line, and since the vehicle is parked on the roadside at the time, it is difficult to view it as a situation where a virtual center line is set up on the right side at the time, and it is difficult to view it as a situation where it can pass along the right side at the time. It is not a straight line where the defendant can detect the victim's bicycle prior to that time.

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