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(영문) 인천지방법원 2016.06.24 2015가합5312
채무부존재확인
Text

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

Reasons

1. The plaintiff asserted that the non-party C, who is the owner of the rocketing vehicle, is not liable to compensate the defendant for the damage caused by the instant accident, since there is no negligence on the part of C with the defendant as to the traffic accident listed in the separate sheet (hereinafter "instant traffic accident"), which occurred between the defendant while driving the rocketing vehicle by the non-party C.

2. It is sufficient for other vehicles to observe traffic regulations and to believe that there is no possibility that the normal traffic of other vehicles might be obstructed in the zone where the internship is permitted, and the driver of the internship is not obliged to pay due attention to drive when other vehicles are believed to be in good faith to observe traffic regulations and to take appropriate measures to avoid collision, and the latter vehicle has no duty of care to drive when it is anticipated that the latter vehicle will drive the driver while driving the motor vehicle

In light of the overall purport of the statement and pleading No. 1, it is acknowledged that the traffic accident of this case occurred because C, who had driven the rocketing vehicle listed in paragraph 1, was normally a U.S. according to the traffic signal, but the Defendant, who had driven the rocketing vehicle behind the above rocketing vehicle, attempted to drive the rocketing vehicle in the direction of the U.S. and entered the direction of the U.S. drive. Thus, it is reasonable to view that C, who attempted the U.S., has a duty of care to ascertain whether there is a vehicle normally going on the opposite lane of the direction her driving and whether there is a vehicle going on a U.S., but it is not a duty of care to expect that C, who did not observe the order of U.S., should enter the direction of the U.S. to which he had come.

Therefore, there is no negligence on the occurrence of the instant accident against C, who is the driver of the said rocketing vehicle, and there is no liability for damages against the Defendant, who is the owner of the said rocketing vehicle.

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