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(영문) 광주지방법원 순천지원 2018.05.17 2017가단75580
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with B with respect to the instant vehicle (hereinafter “instant vehicle”) as shown in attached Table 2.

B. B, around 12:57 on February 7, 2017, when driving the above vehicle and driving the two-lanes of the three-lane road near D in Gwangjuyang-si, the Defendant, who gets on a bicycle and passed the crosswalk at the same time (hereinafter referred to as “instant crosswalk”), was shocking the Defendant who returned to the crosswalk.

(hereinafter referred to as “instant accident”). C.

The Defendant suffered pressure from the pressure frame of the 2nd and 4th century, which requires approximately 12 weeks of medical treatment due to the instant accident.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion B is that the Defendant, on board a bicycle, crosses the instant crosswalk and proceeds through the said crosswalk, and the Defendant, bypassing in the vicinity of the center line, going back to the direction of the B vehicle. The instant accident occurred.

The accident of this case occurred due to the defendant's total fault that had been bypassing the crosswalk while crossing the bicycle without towing the bicycle, and therefore there is no liability for damages against the defendant for the defendant.

B. Comprehensively taking account of the following circumstances revealed by the evidence mentioned above and the purport of Gap evidence No. 5’s video and pleading, the defendant’s negligence in the occurrence of the instant accident can be deemed as the main fault, but it cannot be deemed that the defendant’s negligence was solely caused without the negligence of Eul.

Therefore, the plaintiff's assertion is without merit.

① The instant accident vehicle passes the crosswalk on the third line road along which no signal apparatus is installed, and thus, the driver as a driver of the instant vehicle is at the road and the crosswalk.

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