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(영문) 광주지방법원 2019.04.17 2017가단515485

채무부존재확인

Text

1. On April 25, 2017, around 08:45, with respect to traffic accidents that occurred at crosswalks in front of the Seo-dong, Seo-dong, Gwangju Metropolitan City.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that carries on transportation business, and is the owner of D urban bus (hereinafter “Plaintiff”) and E is the driver affiliated with the Plaintiff.

B. Around 08:50 on April 25, 2017, while driving the Plaintiff’s vehicle and driving the crosswalk in front of the erroneous distance in Seo-dong, Seo-dong, Seo-gu, Gwangju, Gwangju, the Plaintiff’s vehicle suffered injury, such as the Plaintiff’s abandonment of the Plaintiff’s left side, and the left side of the bridge was faced with the right side of the Plaintiff’s vehicle, and the Plaintiff’s upper side was faced with the back side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

B was killed on July 17, 2017, during which the instant lawsuit was pending, and the Defendant (appointed party; hereinafter “Defendant”) and the designated parties took over the instant lawsuit as the inheritor B (hereinafter “the deceased”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1, 2, Eul evidence 1-4, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred in the course of normal progress of E, while the Deceased, going beyond the direction of the Plaintiff’s own Plaintiff’s vehicle, E could not have predicted or avoided the instant accident.

Therefore, the accident of this case is not the negligence of E, but the accident occurred due to the total negligence of the deceased, and there is no obligation of the plaintiff to pay damages to the defendant and the designated parties.

3. Determination

A. The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his own sake shall be liable to compensate for the damage in case he has killed or injured another person by the operation thereof," and provides that the driver shall not be held liable to pay for the damage. However, in case where a person who is not a passenger dies or has injured, he shall not be negligent in paying due attention to the operation of the automobile.