채무부존재확인의 소
1. As to the traffic accident that occurred on December 29, 2018, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).
1. On December 29, 2018, the Plaintiff, at around 15:20% of blood alcohol content, driven a vehicle in the Grandland (hereinafter referred to as “Plaintiff’s vehicle”) with a alcohol content of 0.094%, and shocked the Defendant’s FF taxi (hereinafter referred to as “Defendant’s vehicle”) with a left left-hand turn in violation of the signal at the opposite direction while driving the vehicle at the intersection in front of the E-traffic point located in Goyang-gu, Yangyang-si (hereinafter referred to as “instant intersection”) as shown in the attached Form.
(hereinafter “instant accident”). [Grounds for recognition] Gap 1 and 2, and the purport of the entire pleadings
2. The assertion and judgment
A. The Defendant’s assertion is the driver of the Plaintiff’s vehicle, who is liable for the damages incurred by the Defendant due to the instant accident, and the Defendant claims against the Plaintiff for the payment of the medical expenses of KRW 14,977,620 and solatium of KRW 15,02,380 and damages for delay.
B. The plaintiff alleged that the accident occurred due to the negligence of the defendant who entered the intersection of this case in violation of the signal, and therefore, the plaintiff does not bear any liability for damages, since there was no negligence since the plaintiff had been in direct control according to the direct promotion signal at the time of the accident of this case and had been entering the intersection of this case
(c) The driver of a vehicle driving along an intersection where traffic is controlled by a one-to-one signal, signal, etc., is sufficient to observe traffic regulations and to believe that other vehicles are believed to take appropriate measures to avoid collisions, barring special circumstances, and there is no duty of care to take special measures to prevent the occurrence of accidents in advance, even when other vehicles violate traffic regulations and are anticipated to stop their course and stop along with their own vehicles or receive their own vehicles. However, the driver of a vehicle driving along an intersection where traffic is controlled by the signal shall comply with the signal.