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(영문) 서울중앙지방법원 2016.10.20 2016나30936
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the Dmat Vehicle (hereinafter “Plaintiff”).

B. The Defendant, at around 19:05 on October 5, 2015, drives a bicycle and has entered the intersection in contravention of the signal signal at the bottom of B in the Dong-gu Incheon Metropolitan City, Dong-gu, and is waiting for the signal at the time.

It caused an accident that shocks the right side of the Plaintiff’s vehicle that has been sent to the left turn (hereinafter “instant traffic accident”).

[Reasons for Recognition] Facts without dispute, each entry or video of Gap evidence 1 through 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the traffic accident in this case occurred due to the defendant's total negligence who entered the intersection in violation of the signal, and therefore, the plaintiff does not have the liability to compensate the defendant with respect to the traffic accident in this case.

On the other hand, the defendant asserts that the traffic accident of this case also resulted from the defendant's violation of signal and the failure to drive the plaintiff's driving direction and the right and the right of the plaintiff's driving direction, and thus, the plaintiff is obligated to pay the amount equivalent to the ratio of the plaintiff's driver's fault among the damages suffered by the defendant due to the

B. The driver of a vehicle driving along an intersection where traffic is controlled by the traffic signal, etc., is sufficient to observe traffic regulations and to believe that other vehicles are believed to take appropriate measures to avoid collision, barring special circumstances, and there is no duty of care to take special measures to prevent the occurrence of accidents in advance, even if other vehicles violate the signal and enter the intersection and receive one’s own vehicle by entering the intersection.

As seen earlier, the Plaintiff’s vehicle shall be in accordance with the new code.

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