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(영문) 인천지방법원 2016.08.12 2015가합59968

채무부존재확인

Text

1. The Plaintiff’s damage liability against the Defendant does not exist in relation to the traffic accident stated in the separate sheet.

Reasons

1. Basic facts

A. B around 13:45 on August 30, 2015, around 13:45, C New-AXD car (hereinafter “instant car”) was driven and sent a traffic signal by stopping at the front temporary stop line of the crosswalk in front of the instant vehicle while driving at the right side of the instant two-wheeled vehicle (hereinafter “Defendant’s vehicle”) in the direction of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, one-lane among three-lanes in the direction of the 739 U.S. Do in the direction of the west-distance distance, and driving the vehicle on the right side of the Defendant’s driving (hereinafter “instant accident”), which led to an accident attributable to the Defendant’s driving’s left side of the instant two-wheeled vehicle (hereinafter “the instant accident”), which was driven by the left side from the right side of the instant vehicle (hereinafter “the Defendant suffered injury”).

B. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with B on the instant automobiles.

C. The insured vehicle B driven at the time of the instant accident did not have any structural defect or functional impairment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The key issue of the instant case is that, without the negligence of B, the instant accident occurred due to the Defendant’s unilateral negligence without the driver of the instant car, the Defendant is partly responsible for the occurrence of the accident to B, and the Plaintiff is claiming damages, and the absence of the liability for damages is confirmed.

On the other hand, the defendant has a duty of care to operate the vehicle by examining whether a person who has entered the crosswalk or a stobane has already entered the crosswalk when a traffic signal is changed from the crosswalk in which the traffic is controlled by signal apparatus to the stop signal, and by taking into account such person or stoba, if there is a stoba, he has a duty of care to prevent the accident, such as taking the stove, and driving the vehicle in this case. The driver B of the vehicle in this case neglected it and immediately going out without putting the direction to the right.