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(영문) 인천지방법원 부천지원 2017.01.11 2016가단105550

채무부존재확인

Text

1. The defendant's list

1. An annex in relation to the stated traffic accidents;

2. The plaintiff under the written mutual aid contract.

Reasons

1. Facts of recognition;

A. On February 27, 2016, around 21:20, the Defendant was driving a two-lane wheeler (B; hereinafter “Defendant Orab”) on the two-lane road near the 296 mix of the Nowon-gu, Seocheon-si, Seocheon-si, the U.S.A., and was driving from the two-lanes of the two-lane mix (hereinafter “Defendant Orab”), and was driving on the side of the two-lanes at the erode station in the erode basin, the list of CA car which was left to the left after entering the intersection.

2. The Plaintiff’s vehicle, such as the entry, subscribed to the Plaintiff’s automobile mutual aid (hereinafter “Plaintiff’s mutual aid vehicle”).

(B) the left-hand part of the top-hand part and fenced part of the defendant Oral Ba was received in front of the defendant Oral Ba (attached Form).

1. A traffic accident, hereinafter “instant accident”).

B) At the time, the driver of the Plaintiff-backed vehicle was waiting for the signal at the intersection at the right angle and left turn in accordance with the signal apparatus installed at the intersection at the intersection, leaving the front vehicle, and going to turn to the left, following the left. While under the influence of alcohol at 0.078% of the blood alcohol concentration, the Defendant was driving the Plaintiff-paid vehicle and other vehicles that were behind the vehicle at a rapid speed beyond the center of the road and was going to turn to the left at the intersection. The Defendant received the Plaintiff-paid vehicle that had already entered the intersection and turned to the left at the intersection (the fact that there is no ground for recognition, Gap 1-7 evidence, Eul 2 evidence, and the purport of the entire pleadings.

2. The parties' assertion

A. Since the instant accident alleged by the Plaintiff occurred entirely by the Defendant, the Plaintiff is not obligated to pay the mutual aid money to the Defendant for damages.

B. The driver of the Plaintiff-backed vehicle asserted by the Defendant was negligent in not giving the directioner while entering the intersection and leaving the left-hand turn, and the negligence is related to the occurrence of the instant accident.

The defendant's injury caused by the accident of this case, such as an exposure to the external wound, etc. (attached Table 16 (2) of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act.