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(영문) 의정부지방법원 2021.02.04 2019가합60998
채무부존재확인
Text

Attached Form

1 In relation to the traffic accidents listed in paragraph 1 of the attached Table 1, the automobile insurance contract listed in paragraph 2 of the attached Table 1 shall be based on the automobile insurance contract.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 12, 2017, the Defendant driven Oral Maba, around 08:35, and driven a three-lane (one six-lane) road in Guri-si, “D cafeteria” located in Guri-si, in front of the “D cafeteria” (hereinafter “the instant accident”). While driving from the private road in Guri Agricultural and Fishery Industry Market to the private road in Guri-si, the Defendant’s two-lanes go through the two-lanes and turned over to three-lanes, and the Defendant was faced with the rear part of the E-driving 5 passenger cars (hereinafter “Plaintiff’s vehicle”). Accordingly, the Defendant was the insurer who entered into the comprehensive insurance contract for the Plaintiff’s vehicle (hereinafter “instant accident”).

[Reasons for Recognition] Unsatisfy, Gap's statements or images, and the purport of whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) The location of the instant accident is a vehicle with spirits more than 10 minutes after the lapse of 10 minutes as a standard for regulating illegal spirits. At the time of the instant accident, the Plaintiff’s vehicle at the time of the instant accident was stopped for a short time, which is difficult to regard it as an illegal stopping, and it is difficult to view it as included in the category of stopping permitted in social life.

Even if the Plaintiff’s fixed vehicle stops illegally, ① the instant accident is an accident that occurred while the Defendant, while driving the vehicle in a sudden way from a three-lane to a three-lane one-lane, going beyond his own balance. ② At the time, the Defendant did not wear a safety cap, went beyond the Plaintiff’s vehicle before collision with the vehicle, and the two parts had already been cut down and shocked on the road; ③ the instant accident occurred on a straight line without any element that obstructs the driver’s front time after sunrise, and the instant accident is prohibited by Article 32 of the Road Traffic Act on the temporary fixed lane of the Plaintiff vehicle.

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