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(영문) 수원지방법원 2016.08.26 2015가단115608
채무부존재확인
Text

1. Around 07:00 on October 10, 201, the E-vehicle flat the intersection near the Silung-si, E, in contravention of the signal.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. The plaintiff is an insurer who has entered into an automobile comprehensive insurance contract for the E vehicle (hereinafter referred to as the "E vehicle"), and the consolidated plaintiff B is the defendant's spouse, and the consolidated plaintiff C is the defendant's child.

SheB around 07:00 on October 10, 201, 201, at the intersection in which the crosswalk was installed near the Sistitu City, he sawd the left side of the FOtoba (hereinafter referred to as “damage Otoba”) on the part of the uppermost part of the vehicle and the part above the right side of the FOba (hereinafter referred to as “damage Oba”) without any separate proceeding signal due to the negligence in contravention of the front stop signal while driving the sea at the intersection in which the crosswalk was installed.

(hereinafter referred to as the “instant accident”). The Defendant, who was driving of the damaged Oral Ba, was injured by the injury, such as the soft laverization cutting on both sides of the instant accident, the anti-permanent laverization cutting on both sides, the laverization cutting on both sides of the instant accident.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 10, and the purport of the whole pleadings]

B. According to the above facts of recognition, the plaintiff is liable for the damage suffered by the defendant due to the accident of this case as an insurer who entered into a comprehensive automobile insurance contract with respect to the Aquatic Vehicle.

C. (1) The Plaintiff asserts that the Plaintiff’s liability should be limited as the Defendant neglected to exercise due care prior to entering the intersection, because the Plaintiff violated the stop signal, but did not have any separate signal on the direction of the damage Oral wave.

The driver of a vehicle driving along an intersection in which the traffic is controlled by rack signal, etc., shall be sufficient when other vehicles are believed to observe traffic regulations and take appropriate measures to avoid collision, except in extenuating circumstances, and the other vehicles violate the signal and block their course.

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