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(영문) 부산지방법원 2017.02.02 2016가단15330
채무부존재확인
Text

1. The Plaintiff’s damage liability against the Defendant due to a traffic accident stated in the attached Form does not exist.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to Cchip private taxi operated by B (hereinafter “Plaintiff-motor vehicle”).

B. At around 19:20 on August 10, 2014, B: (a) driven the Plaintiff’s vehicle and tried to turn to the left at the intersection of the T-type T-type warning signal in the front of the yellow on-and-off signal condition D, located in Busan Metropolitan City, to the seat of the juvenile center in the jurisdiction of the Busan Metropolitan City. The Defendant discovered the F-to-land of Defendant’s driving (hereinafter referred to as “Defendant O-to-land”), who was under the jurisdiction of the head of the Si/Gun/Gu, and stopped beyond the stop line (hereinafter referred to as “Defendant O-to-be”), and the Defendant stopped beyond the stop line to the left-hand side in order to avoid the Plaintiff’s vehicle stopped beyond the stop line (hereinafter referred to as “instant traffic accident”); (b) thereby, the Defendant suffered each coordinate and bid in the left-hand check, supervision, water section, and slot.

C. After the instant traffic accident, the Defendant received hospital treatment for 15 days from August 11, 2014 to July 25, 2015, and received hospital treatment for 217 days in total from the date to July 29, 2015. On July 2015, the Defendant received hospital treatment for 22 days from the date of hospitalization and surgery for 8 days from July 22, 2015, and received hospital treatment for 111 days, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, video, purport of whole pleadings

2. Determination

A. According to the facts of recognition 1 of the liability for damages, in order to turn to the left at the T-W-type intersection where the yellow flash signal is sent to the driver of the Plaintiff vehicle, the driver of the vehicle is negligent in neglecting the duty of care to stop the vehicle in the stop line and drive the vehicle safely, even though there is a vehicle that has been a direct driving prior to the opposite part before turn to the left at the right or right and the left. The instant traffic accident is the Plaintiff.

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