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(영문) 울산지방법원 2015.01.16 2014가단14688
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around November 2013, the Plaintiff entered into a mutual aid agreement as shown in the attached Form (2) with B, which drives a small-scale taxi in C, and according to the said mutual aid agreement, the Plaintiff shall pay the amount of damages with the mutual aid amount in cases where the foregoing taxi vehicle in B inflicts injury on another person due to a traffic accident within the insurance period.

B. On February 4, 2014, at around 10:15, while driving the said taxi vehicle, B was waiting for the signal from the bankruptcy distance located in the Nam-gu, Ulsan-gu, Ulsan-gu, U.S., and received the right and left turn turn at the right and left turn, depending on the said signals, B made a turn turn to the left turn from the right and right-hand turn from the right-hand edge of the front line.

C. B, upon making the left turn, entered the crosswalk, which is a signal signal, etc. in front of the office of maintenance of the emergency crossing of the said insolvency distance. At that time, the Defendant, in violation of this provision, committed an accident in which the front part of the said bicycle and the left part of the said taxi vehicle of the said passenger were conjected by the Defendant’s front part of the said bicycle and the left part of the said taxi vehicle of the said passenger vehicle of the said passenger vehicle of the said passenger vehicle of the said passenger (hereinafter “the instant accident”).

Due to the instant accident, the Defendant shows symptoms of cerebrovascular, and was hospitalized in the hospital room at the present time, and was judged as being in the first degree of disability due to cerebral disease on December 1, 2014.

[Ground of recognition] Evidence Nos. 1 through 4 (including paper numbers), Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion B made a left-hand turn to the right at the intersection. The defendant, when crossing a bicycle crosswalk without permission, in violation of the provisions of the Road Traffic Act stipulating that the bicycle should get off from the bicycle and walk the crosswalk, and the bicycle should walk the crosswalk. The accident of this case occurred. The defendant's accident of this case is one of the defendant.

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