채무부존재확인
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the parties' arguments
A. The Plaintiff’s assertion E driven the instant vehicle to the above intersection according to the right and left signals at the intersection where traffic is controlled by signal, etc., but the Defendant violated the signal and entered the said intersection, but the instant accident occurred at the wind to drive the bicycle along the bicycle-only lane.
Therefore, the accident of this case occurred by the defendant's total negligence, and there is no damages liability against the plaintiff against the defendant.
B. Considering the fact that the accident in this case occurred, the crosssection and the signal system of the intersection, the defendant is a juvenile who is under the age of 6 and the speed of the bicycle at the time of the accident in this case, which seems not to have been high, the vehicle in this case operated the first lane, the left-hand exclusive road, and the vehicle in this case appears to have entered the intersection at a considerable speed exceeding the speed of the restriction, the accident in this case occurred due to the negligence of entering the intersection by proceeding at a speed exceeding the speed of the speed of the left-hand turn required by E, and thus, the plaintiff is obliged to pay the insurance money due to the accident in this case to the defendant.
3. Determination
A. Facts of recognition 1) The instant accident occurred (hereinafter “instant intersection”).
2) On the other hand, the intersection of the road across eight-lanes is crossing, and there are two laness between the two lanes and the three-lanes in each of the two-lanes. 2) On the other hand, the road along which the instant vehicle runs is the same as the road in the direction of the wire tracks prior to the manual, and on the other hand, the left or right turn is displayed at the one-lane of the said road.