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(영문) 대구지방법원김천지원 2014.10.15 2012가단8952
채무부존재확인
Text

1. In relation to the traffic accident stated in the attached Form, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On April 13, 2012, at around 08:40, the Defendant driven a two-lane road of the B MT car (hereinafter “Defendant vehicle”) on April 13, 2012, and proceeded with the two-lanes of the D in front of the D in Kimcheon-si, with the front side of the D in front of Kimcheon-si to Kim 1 General Industrial Complex section, the Defendant, while the yellow flucing signal was in operation at the intersection (hereinafter “instant intersection”). At the same time, the two-lanes of the 3-lanes of the f25 truck of the E driving, which had already entered the intersection, conflict with the front side of the Defendant vehicle with the front side of the Defendant.

(hereinafter “instant accident”). (b)

The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with Nonparty limited liability company (hereinafter “Nonindicted Company”) with respect to the Plaintiff’s vehicle during the period from June 25, 201 to June 25, 2012, which provides compensation for losses incurred due to its operation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (if there are additional numbers, including each number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination

A. (i) The Plaintiff’s assertion (the Plaintiff’s assertion) sought to proceed straight straight ion in the instant intersection where yellow flashing is installed. As such, the Defendant is obligated to temporarily stop prior to entering the intersection and check whether there is a cross-road and then, if there are other vehicles entering the intersection, to yield the course of the vehicle. The Plaintiff’s allegation conflicts with the front side of the Plaintiff’s vehicle with the front side of the Defendant’s vehicle without discovering it immediately after entering the intersection, even if the Plaintiff’s vehicle had already entered the intersection at the time of the instant accident.

Therefore, the accident of this case occurred by the defendant's unilateral negligence, and E, the driver of the plaintiff's vehicle, is the defendant.

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