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(영문) 서울중앙지방법원 2021.01.13 2019가단5312268

채무부존재확인 등

Text

1. There is no obligation of the Plaintiff to compensate for damages against the Defendant regarding a traffic accident stated in the attached list.

Reasons

Facts of recognition

around 21:15 on October 26, 2019, Nonparty C was at the fourth-lane road near Mapo-gu Seoul Metropolitan Government D (hereinafter “instant taxi”), while driving the E-si on the fourth-lane road near the fourth-lane road (hereinafter “instant taxi”), and was at the center under the influence of alcohol and coming from the sidewalk to the roadway, and the Defendant was shocked with the right-hand side part of the instant taxi (hereinafter “accident”), and thereby, the Defendant suffered injury, such as the sofamination, etc., by the Defendant. The fact that the Plaintiff entered into a mutual aid agreement with respect to the instant taxi is not disputed between the parties, or that the Plaintiff was a mutual aid operator who entered into the mutual aid agreement with respect to the instant taxi is recognized by taking into full account the overall purport of pleadings and arguments on the video of evidence No. 6 and evidence No. 3.

2. According to the facts of the determination as to the existence of the Plaintiff’s liability for damages, the Plaintiff, a mutual aid operator, is liable for damages sustained by the Defendant due to the instant accident, as the Defendant sustained injury due to the operation of the instant taxi, barring special circumstances.

As to this, the plaintiff asserts that the accident of this case occurred due to the defendant's total negligence, and the plaintiff should be exempted from liability.

The provisions of the main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of the same Article, shall be liable for the damages in case where a person who operates an automobile for his own sake, has killed or injured another person due to the operation thereof.

In principle, the driver's intention or negligence shall not be determined by stipulating it as "the driver's intention or negligence", but in the proviso, "if a person who is not a passenger dies or is injured, the driver himself/herself shall not be negligent in paying attention to the operation of the motor vehicle, but he/she proves that a victim or a third person other than himself/herself and the driver has not caused any defect or malfunction in the structure of the motor vehicle, this shall not apply.

A pedestrian who is not a passenger of his/her own motor vehicle or another motor vehicle.