채무부존재확인
1. With respect to the accident described in the attached Form, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Defendant) and C.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On August 28, 2018, the Plaintiff entered into an automobile comprehensive insurance contract with C with respect to D automobiles (hereinafter “Plaintiffs”). From August 28, 2018 to August 28, 2019, the insurance period was set as the insurance period.
B. C around October 7, 2018, around 16:25, 2018, driving the Plaintiff’s vehicle and driving the front road of the Gu and America.
The Defendant, while driving a road opposite to the direction of the Plaintiff’s vehicle driving, flicked the center line in order to turn to the left before reaching the three-distance intersection.
The plaintiff found the defendant's Otoba and boomed the steering gear to the right, but the front part of the plaintiff's vehicle and the front part of the defendant Otoba conflict.
(hereinafter referred to as “instant accident”). C.
Due to the instant accident, the Defendant suffered injury, such as the bones sallle, etc.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including paper numbers), Eul evidence No. 3 and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the accident of this case occurred due to the defendant's total negligence which infringed the central line, and therefore, the plaintiff is not liable to compensate the plaintiff.
On the other hand, the defendant asserts that since the accident in this case occurred both the negligence of the driver of the plaintiff vehicle and the negligence of the defendant, which caused the negligence of the plaintiff's driver who failed to drive beyond the speed limit and the duty of front-time care, the plaintiff shall compensate
B. A motor vehicle driver who operates a road with a judgment median line along his/her own bus line is generally aware of the abnormal operation of the other motor vehicle in compliance with his/her own bus line. Thus, barring any special circumstance that could anticipate the abnormal operation of the other motor vehicle, the other motor vehicle should be expected to drive the other motor vehicle even if it enters the central line.