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(영문) 서울동부지방법원 2020.08.26 2019나25884
채무부존재확인
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. On February 21, 2017, the Defendant: (a) driven a J motorcycle (hereinafter “Defendant”) around 02:18, and obstructed with the G Driving’s I car (hereinafter “Plaintiff’s car”) driven by the Defendant, in violation of the stop signal at the intersection (hereinafter “instant intersection”) front of the building of K Driving Schools in Songpa-gu Seoul, Songpa-gu, Seoul (hereinafter “instant intersection”); and (b) opened directly from the string on the string side to the string side of the string of the string two lanes between three lanes, the Defendant conflict with the string of the G Driving’s car (hereinafter “Plaintiff’s vehicle”).

(hereinafter “instant accident”). The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract for the Plaintiff’s vehicle at the time of the instant accident.

[Reasons for Recognition: Each entry in Gap evidence Nos. 1 through 3 (including each number), and the purport of the whole pleadings]

2. The plaintiff asserts that since the accident of this case occurred due to the defendant's unilateral negligence, the plaintiff does not have the plaintiff's obligation to pay damages to the defendant.

Accordingly, the defendant asserts that the plaintiff should compensate for the damages suffered by the defendant, since the plaintiff's excessive operation of the plaintiff's driver competes with each other and the accident of this case occurred.

3. Determination

A. The driver of a vehicle driving along an intersection where traffic is controlled by the relevant legal principles and signals shall be sufficient when other vehicles are believed to observe traffic regulations and take appropriate measures to avoid collision, barring special circumstances. There is no duty of care to take special measures to prevent the occurrence of accidents in advance, as it is anticipated that other vehicles violate the signal and are driving along one’s course to avoid collision.

However, there are other vehicles already entering the intersection even if they are drivers of vehicles driving in compliance with signal.

or another vehicle.

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