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(영문) 서울남부지방법원 2016.08.25 2015가단229512

채무부존재확인

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 6, 2015, around 10:16, the Defendant Company A, driving a freight B (hereinafter “Defendant vehicle”) owned by the Defendant Company, and made the front road in front of the voice intersection in the Eup/Myeon in the Chungcheong-gun, Chungcheong-gun, U.S., turn to the left from the Cheongju-si bank.

Since there is a place where the left turn signal is installed, there was a duty of care to drive safely by checking the right and the right and the right of the driver.

On the other hand, A neglected to turn to the left at the Green Signals, and conflict with C Freight Vehicles owned by the Plaintiff Company (hereinafter “Plaintiff Vehicle”) that passed the intersection while straighting in accordance with the Green Signals, from the urgical surface of the Chungcheong-si.

(Attachment Nos. 1 and 2, hereinafter referred to as “instant traffic accident”). (b)

The amount of damage on the Plaintiff’s vehicle due to the instant traffic accident is KRW 81,08,00, and the amount of damage on the Defendant’s vehicle is KRW 49,373,200.

C. On August 12, 2015, the Defendant remitted KRW 56,761,00 to the Plaintiff, equivalent to 70% of the Plaintiff’s automobile damages.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. 1) The Plaintiff asserts that the instant traffic accident occurred due to the total negligence of the Defendant’s vehicle. As such, the Defendant is responsible for compensating the Plaintiff for the amount of the Plaintiff’s vehicle loss. 2) As to the instant traffic accident, the Defendant asserts that the Plaintiff is liable for compensating the Defendant of KRW 14,81,960 equivalent to 30% of the amount of the Defendant’s vehicle loss, since the Plaintiff’s vehicle was at least 30% of the amount of the

(b) The driver of a vehicle running at the intersection in which a non-protection coordinate is permitted shall make a left turn to the left when the vehicle passes through that intersection.