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(영문) 대구지방법원 2016.01.14 2015나304653

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

With respect to the accidents described in the attached list 2, the attached list 1 shall be listed.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On June 2, 2013, H driven a car to be an I observer (hereinafter “Plaintiff”) around 15:55, and driven a two-lane road in Black-gun, Cheongbuk-do, Cheongbuk-do, Gyeongbuk-do, one lane from the south to the south Gun.

나. H는 당시 반대차로 옆에 있는 논에서 도로를 가로질러 중앙선을 넘어 이 사건 차량의 진행차로로 진입한 망 G(J 출생) 운전의 경운기를 뒤늦게 발견하여 이 사건 차량의 좌측 앞부분으로 경운기의 우측 앞부분을 들이받았고, 그 충격으로 망인이 경운기 밖으로 튕겨져 나가 도로에 넘어지면서 두개골 골절 등으로 사망하였다

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

The road situation at the time of the instant accident is as follows.

1) As at the time of the instant accident, at the center of the road from approximately 70 meters to the point of the instant accident, the steel scrap rail was installed at the center of the instant accident, and the steel scrap rail was installed above the date of the instant accident. However, at the point of the instant accident, at the point of the instant accident, the connection of the steel scrap rail is terminated, and instead, at the center of the road, the yellow cover line was marked at a certain distance, and the straight line was installed at a certain intervals. (ii) The light rail of the deceased’s driver was over the center line with the straight line.

3) On the two sides of the road at the location of the instant accident, there is a paddy field and dry field. 4) In light of the direction of the Plaintiff’s vehicle’s running, there is a traffic sign, namely, “fluoring down and reducing the width” up to about 20 to 30 meters that arrive near the location of the instant accident, and there is a traffic sign, namely, “fluoring down view” at the point where approximately 20 to 30 meters of the point where the instant accident occurred.

5 From the running direction of the Plaintiff’s vehicle to the point where the instant accident occurred, it is sloped.