채무부존재확인
1.In relation to traffic accidents listed in Appendix 1, time-limit for the motor vehicle mutual aid agreement listed in Appendix 2.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Plaintiff with respect to the C business bus (hereinafter “Plaintiff vehicle”) as described in the attached Table 2.
B. Around October 18, 2014, at around 09:17, D was driven by the Plaintiff’s vehicle, and entered the upper salary distance of 115-5 upstream Dong, Jung-gu, Seoul, which is the same as the upstream of the upper market ozone distance, by making a left-hand turn from one lane of the two-lanes of the bus, along the signal at the right-hand side of the two-lanes, from the right-hand side of the bus, D discovered the Defendant who was unclaimed to the pedestrian red signal without permission from the right-hand side of the proceeding, but the Defendant was shocked by the front side of the vehicle’s right-hand side. Accordingly, the Defendant suffered a diversification, etc.
(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap 1 through 3, Gap 5, Gap 6-1 through 4, and the purport of the whole pleadings.
2. The parties' assertion
A. The accident of this case occurred when the defendant was about to cross the crosswalk on the pedestrian color signal. The driver of the plaintiff's vehicle could not expect the defendant to cross the crosswalk on the pedestrian color signal and operated the plaintiff's vehicle immediately after finding the defendant, but did not have any predictability and possibility of avoiding the accident. Thus, the plaintiff, who is the mutual aid business operator of the plaintiff's vehicle, is exempted from liability, and the accident of this case occurred solely by the defendant's unilateral negligence, and is not liable to pay damages to the defendant in relation to the accident of this case.
B. The driver of the Plaintiff’s vehicle, while making a left-hand turn, operates the center line outside the lane without being bound by the left-hand turn, and reduces the odometer, the negligence of the Plaintiff’s driver is also the cause of the instant accident.
Moreover, this case.