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(영문) 서울북부지방법원 2017.03.16 2016가단22117
채무부존재확인
Text

1. On May 23, 2016, the Plaintiff’s village bus and Defendant’s bicycle contact accident occurred on May 23, 2016.

Reasons

1. Basic facts

A. At around 05:21, May 23, 2016, C, the driver of a village bus B operated by the Plaintiff, was proceeding from the shooting distance front of the Gangnam-gu Seoul Metropolitan Government Homeplers to the seat of the Gangnam Cultural Information Center at the front of the Dong-dong Elementary School.

B. The Defendant left the left from the Han-dong Housingside on the bicycle riding to the front door of the village bus, and shocked between the entrance door and the entrance.

C. The Defendant was provided with medical treatment due to the blood transfusions, the inner and secondary frameworks, the saves, and the saves, etc., but it is not possible to walk themselves, and most of the daily lives of guardians were in need of help due to the decline in recognition ability.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 6, the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s negligence, and thus, the Plaintiff is not liable for damages. 2) The instant accident alleged by the Defendant is attributable to the negligence of the Plaintiff’s driver of the Plaintiff who did not enter the intersection after temporarily stopping the Plaintiff before entering the intersection, and making a temporary stop before entering the intersection. Therefore, the Plaintiff is liable for compensating the damages suffered by the Defendant pursuant to the Automobile Accident Compensation Guarantee

B. According to the reasoning and evidence of the judgment, the following circumstances are recognized.

Plaintiff

The signal in the direction of the vehicle is not obliged to temporarily stop due to the yellow flash signal, and the signal in the direction of the defendant's proceeding is obliged to temporarily stop due to the red flashing signal.

Plaintiff

The vehicle was driving relatively slowly at a speed of 21 to 30km per hour, and the defendant left the left at a rapid speed.

According to CCTV images, the Defendant’s bicycle at the time when the Plaintiff’s vehicle enters the intersection does not appear at all, and the front and rear part of the village bus is shocked.

Plaintiff

Obstructions to the structure defect or function of vehicles that affected the traffic accident.

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