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(영문) 대구지방법원 2017.04.20 2016가합207137
채무부존재확인
Text

Attached Form

With respect to the mentioned traffic accidents, the plaintiff is against the defendant based on the attached insurance contract.

Reasons

Facts of recognition

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) as shown in the attached Form with respect to the automobiles of this case from B and C (hereinafter “automobile of this case”).

At around 10:42 on September 13, 2016, the defendant, despite the fact that the crosswalk installed immediately before the entrance to the intersection of the Esckein golf range located in Daegu-gu, Daegu-gu, was a pedestrian red signal, was cut off from the front side of the car in this case where the bicycle was cut off from the front side of the F Hospital, and the defendant, at the later side of the F Hospital to the front side of the car in this case, tried to turn to the left from the front side of the F Hospital to the front side of the F Hospital in accordance with the left-hand turn signal.

(hereinafter “the instant accident” refers to “the instant accident site”. Attached Form No. 3) The Defendant demanded the Plaintiff to compensate for medical expenses, etc., which exceeded the floor due to the shock of the instant accident.

[Grounds for recognition] A. 1 through 6 (including paper numbers), Eul evidence 1, and the summary of the plaintiff's assertion of the parties to the whole pleadings, the accident of this case occurred due to the defendant's negligence who entered the crosswalk in violation of the signal, and it cannot be deemed that there was any negligence on the vehicle B who proceeded with the signal.

Therefore, as the liability for damages against the Defendant is not recognized, the Plaintiff, the insurer of B, is not obliged to pay the Defendant the insurance money for the instant accident.

The main point of the defendant's assertion was that the accident of this case occurred by negligence of B, who neglected the duty of pre-payment without taking care of it, and thus, the plaintiff, the insurer B, shall pay insurance money to the defendant.

Judgment

In light of the following facts and circumstances, the occurrence of the instant accident is a passenger driver according to the overall purport of each evidence presented above.

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