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(영문) 부산지방법원 2017.04.12 2016가합47808

채무부존재확인

Text

1. A traffic accident that occurred around 17:50 on December 31, 2015 in the vicinity of the Criju-gu, Busan.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the DNA vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who has concluded the comprehensive automobile insurance contract with respect to the E vehicle (hereinafter “Defendant vehicle”).

B. On December 31, 2015, while the Plaintiff operated the Plaintiff’s vehicle and driving the three-lanes of the three-lanes adjacent to the Criju District in Priju District B in the center, the Plaintiff fell into a collision with the Defendant’s vehicle that changed the two-lanes from the two-lanes to the three-lanes from the two-lanes on December 31, 2015.

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

The Plaintiff spent 120,00 won for the repair cost of the Plaintiff’s vehicle due to the instant accident, 50,000 won for vehicle sirens, and 14,160 won for medicine expenses.

[Reasons for Recognition] Unsatisfy, each entry or video of Gap evidence 1 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties that the accident in this case occurred entirely from the plaintiff's negligence, because the accident in this case occurred entirely with the wind to change the lane of the defendant's vehicle in the intersection where the defendant vehicle is prohibited from sticking. Thus, the plaintiff's obligation to the defendant due to the accident in this case does not exist, and the defendant asserts that the defendant as the insurer of the defendant's vehicle is liable to compensate for the repair expenses, etc. paid by the plaintiff due to the accident in this case, and that the defendant was erroneous that the plaintiff was directly at the right-hand lane prior to the accident in this case, and that the plaintiff's negligence was the cause of the accident in this case, so the plaintiff is also liable for

B. The instant accident was caused by the collision between the left side of the Plaintiff’s vehicle and the lower side of the two lanes in the same direction while the Plaintiff was driving the Plaintiff’s vehicle and driving the three lanes in the same direction.