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(영문) 광주지방법원 2015.12.23 2015가단515481
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. At around 23:05 on May 23, 2015, B driven a C cab (hereinafter “Plaintiff’s side”), driving one lane from the two-lane of the two-lanes in the West-gu Seog-gu, Seog-gu, Gwangju, to the 3-lane 3-lane. While driving a three-lane crossing in the front of the Seog-gu, Seogan apartment complex, the Defendant’s driving D-si (hereinafter “Defendant’s driving vehicle”) who turn to the left from the front side of the C-si (hereinafter “Defendant’s driving vehicle”) was shocked with the front side of the Plaintiff’s left side of the vehicle, resulting in the Defendant’s injury, such as undermining the number of trees.

(hereinafter “instant accident”). B.

The plaintiff is a mutual aid business operator who has entered into a mutual aid agreement for the plaintiff's vehicle.

C. The above intersection is a place where the vision of the non-protection coordinate is allowed, and the Plaintiff’s vehicle entered the intersection of the straight line with the straight line, and the Defendant’s vehicle was involved in the accident while making the unprotection coordinate in the straight line with the straight line.

[Reasons for Recognition] Unsatisfy, each entry and video of Gap evidence 1 to 5 (including virtual numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion was caused by the Defendant’s total negligence, and there is no obligation to pay damages to the Defendant with respect to the instant accident.

B. The driver of a vehicle running at an intersection where a non-protective coordinate is permitted may turn to the left when passing through the intersection. As such, the attached Table 2 of the former Enforcement Rule of the Road Traffic Act (amended by Ordinance of the Ministry of Public Administration and Security No. 213, Apr. 30, 201) concerning the meaning of “green light” can turn to the left when the meaning of “green light” is not interfered with other traffic under the new subparagraph at a place where the non-protective coordinate is marked.

Provided, That when it obstructs other traffic, he/she shall be liable for the violation of the signal.

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