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(영문) 창원지방법원거창지원 2016.02.16 2015가단1692
채무부존재확인
Text

1. On June 23, 2015, 20:45, between the Defendant’s driver’s B Oba and D Poba, the D Poba and C driving’s D Poba-gun E around 20:45.

Reasons

1. Basic facts

A. On June 23, 2015, at around 20:45, the Defendant: (a) driven a Fcafeteria B, parked in a Fcafeteria parking lot located in Gohap-gun, Chungcheongnam-do; (b) obstructed a two-lane road in front of the said parking lot; (c) obstructed the central line; and (d) entered a two-lane road in the west-gun, Gyeongcheon-gun, Chungcheongnam-do (hereinafter “accident road”); and (d) obstructed a two-lane from the one-lane road to the two-lane road; and (e) sustained injury, such as a eromatic brain or brain flacing sewage, etc., of C driver’s D driver’s D driver’s freight, which had been driven normally depending on the two-lane road of the accident (hereinafter “instant traffic accident”).

B. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with C as indicated in the attached Form concerning the foregoing cargo vehicle.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 5 (in the case of the evidence No. 5, including the branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that the traffic accident in this case occurred due to the whole negligence of the defendant who infringed the central line, and therefore there is no liability for damages against the defendant in relation to the above accident, and the defendant asserts that the traffic accident in this case occurred by the negligence of the driver C of the truck vehicle in this case, such as the violation of the duty to keep the driver of the truck in the front line, and therefore, the plaintiff is also liable to

B. According to the above facts of recognition, the defendant is negligent in entering the central line by crossing the two-lanes in front of the F cafeteria in which the driver's office is parked, and then crossing the road of accident from the first to the second two-lanes.

On the other hand, as to whether the instant traffic accident occurred due to competition of C's negligence, which is the driver of the cargo vehicle, the driver of the passenger vehicle, in general, the driver of the vehicle driving the road along which the central line is installed along his lane.

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