beta
(영문) 인천지방법원 2016.11.15 2015가단65089

채무부존재확인

Text

1. On August 16, 2015, around 17:30 on August 16, 2015, with respect to the traffic accidents of D vehicles that occurred from the fluence distance in the Nam-gu Incheon Metropolitan City.

Reasons

1. Basic facts

A. On July 26, 2015, the Plaintiff is a company that entered into a comprehensive automobile insurance contract with respect to E and D vehicles (hereinafter “instant vehicle”).

B. At around 17:30 on August 16, 2015, the Defendant (FFs and male) was faced with the instant vehicle by E driving, which had been operated under the new subparagraph, while driving a bicycle in front of the lele agency and driving a bicycle along the bicycle-only road.

(hereinafter referred to as “instant accident”). C.

The Defendant suffered serious injury due to the instant accident, such as a dead-end medication, brain-resistant blood transfusion, the frame of internal walls, and the structural frame of fine aggregate.

[Ground for Recognition: Facts without dispute, entries or images of Gap's evidence 1 through 6 (including evidence with a serial number), and the purport of whole pleadings]

2. Summary of the parties’ assertion

A. The Plaintiff’s summary of the assertion E was driven by the instant vehicle according to the signal at the intersection where traffic control takes place and the left and right turn turn, and entered the said intersection.

However, the accident of this case occurred because the defendant violated the signal and operated the bicycle along the intersection, and operated the bicycle, the accident of this case occurred by the whole negligence of the defendant.

Therefore, the plaintiff's damage liability against the defendant is nonexistent, and thus, the confirmation is sought.

B. Considering that the defendant's summary of the defendant's assertion was very old, even if the defendant was crossing the intersection by using a bicycle, the defendant was at a very slow speed. Therefore, the occurrence of the accident in this case is likely to lead to the plaintiff's mistake while entering the intersection.

Therefore, the plaintiff cannot respond to the request.

3. Determination

A. The driver of a vehicle driving along an intersection where traffic is controlled by one signal, etc. based on the determination of the cause of the claim, in the absence of special circumstances.