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1. On March 10, 2017, at around 15:20, the Plaintiff is involved in a traffic accident that occurred near the F Hospital located in Namyang-si, Namyang-si.
Reasons
1. Facts of recognition;
A. On March 10, 2017, the Defendant driving a Grodice vehicle (hereinafter “Defendant vehicle”) around 15:20 on March 10, 2017, and was driving in the direction of F Hospital at the I Public Health Center at the I Public Health Center in the south-si.
The Defendant, while making a bypassing the right of access to the intersection located on the front side, conflicted with the front part of the Defendant’s vehicle by J-J-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C
(hereinafter “instant accident”). B.
The Intervenor joining the Defendant is an insurer who has concluded a comprehensive insurance on the Defendant vehicle.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2-1 through 4, 3-1, 2-4, 7-1 through 7, Eul evidence Nos. 1, 2-3 and 5, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The main point of the Plaintiff’s assertion is that the instant accident occurred due to the Defendant’s unilateral negligence, and thus, there is no Plaintiff’s obligation to compensate for the instant accident.
B. In full view of the following circumstances, it is reasonable to deem that the instant accident occurred due to the Defendant’s negligence, and there is no obligation to pay the Plaintiff’s damages due to the instant accident.
In addition, as long as the defendant is dissatisfied with the existence of the plaintiff's obligation to pay damages, it can be confirmed that the plaintiff's obligation to pay damages does not exist.
(1) When intending to drive a motor vehicle into the intersection where traffic is not controlled and safety signs indicating a temporary suspension or concession are installed, the driver of any motor vehicle shall temporarily stop or yield it so as not to impede the proceeding of other motor vehicles (Article 25 (6) of the Road Traffic Act) and enter the intersection where traffic is not controlled.