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(영문) 서울동부지방법원 2017.04.28 2016가단139484
보험금
Text

1. D vehicles and the defendant in front of the crosswalks, which are signaled in front of Cridges, in front of the Cridges, at around 07:08 on March 12, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into a comprehensive motor vehicle insurance contract with F, the owner of the D Motor Vehicle (hereinafter “Plaintiff”).

B. On March 12, 2016, at around 07:08, the Defendant driven the Ethtoba (hereinafter “Defendant Oba”) and driven the Ethtoba (hereinafter “Defendant Oba”) with a view to a stop signal in front of the crosswalk, etc. at the Cridge, which is located in the west-Si, Hanam-si, B (hereinafter “instant crosswalk”), followed the part of the Defendant’s front offender in front of the Plaintiff’s vehicle, who turn to the left from the west-Si, to the west-Si, the right side of the Cridge, and went to the left pursuant to the new subparagraph.

(hereinafter “instant accident”). As a result, the Defendant suffered injury, such as minculverization of the left-hand laver, and laverging on the left-hand laver.

[Grounds for Recognition] Unsatisfy, entry or video of Gap evidence 1 to 6, and the whole satisfy of pleadings

2. In light of the following circumstances, it is reasonable to deem that the instant accident occurred due to the Defendant’s total negligence, and it is difficult to deem otherwise that there was a breach of the F’s duty of care, in light of the following circumstances, which are acknowledged by comprehensively taking into account the aforementioned basic facts and the descriptions and images of evidence Nos. 1 through 6 as well as the overall purport

Therefore, in relation to the accident of this case, the plaintiff's liability for damages against the defendant does not exist, and as long as the defendant contests the negligence, the plaintiff has a benefit to seek confirmation.

① The location of the instant accident is linked to the access road to the instant road at Cridges located near the crosswalks of the six-lanes, located near the direction of the Defendant’s proceeding, and there is a vehicle stop line immediately before the arrival of the instant crosswalks in the direction of the Defendant’s proceeding.

② Although the vehicle signal to the direction of running on the instant crosswalk was changed to a stop signal, it is soon possible to violate the signal, without stopping or lowering speed in front of the instant crosswalk prior to the stop line.

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