logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.02.19 2019가단651
채무부존재확인
Text

1. In relation to the traffic accident described in paragraph 1 of the attached list, it is stated in paragraph 2 of the same list against the plaintiff's defendant.

Reasons

1. Basic facts

A. On October 11, 2018, the Plaintiff’s Intervenor driven H-si (hereinafter “Plaintiff’s vehicle”) around 09:35, and left the two-lanes of the four-lane roads in front of the I parking lot in Daejeon, Seo-gu, Daejeon, the Plaintiff’s Intervenor entered the crosswalk to turn to the right at the front of the straight line without a straight-line signal even if he was straight-on signals, and was going to the right at the intersection. While the traffic signal was turned to the left at the right-hand turn, the Plaintiff’s Intervenor turned to the intersection, and was driving at the speed of the accident at 60km/h of the speed of the road at the time of the violation of the signal and the speed limit, and the Defendant was driving at 85km/h of the road.

On the other hand, the Defendant’s cargo vehicle that entered the intersection (hereinafter “Defendant’s vehicle”) faced with the front side of the Plaintiff’s vehicle (hereinafter “instant accident”).

B. At the time of the instant accident, the Defendant scrapped the Defendant’s vehicle of KRW 13 million, and received KRW 660,00 for the remaining property value, and caused a total of KRW 13,649,100 for towing charges and KRW 4.39,100 for the end-of-life damage ( KRW 13,00,000 - KRW 6669,100), and KRW 3,521,220 for the medical expenses.

Although the Defendant claimed insurance money under a mutual aid agreement as stated in attached Table 2 to the Plaintiff, an insurance company of the Plaintiff, the Plaintiff filed the instant lawsuit without accepting the Defendant’s claim for insurance money on the ground that the instant accident occurred entirely due to the Defendant’s negligence

[Ground of Recognition: Facts without dispute, Gap evidence 1 through 13, Eul evidence 1 through 5 (including each number in case of a tentative number) and the purport of the whole pleadings]

2. Determination

(a) The driver of a vehicle driving along an intersection where traffic is controlled by a signal, etc. shall also be subject to traffic regulations of other vehicles, unless there are special circumstances.

arrow