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(영문) 대구지방법원서부지원 2020.11.03 2019가단71087
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Dsi (hereinafter “Plaintiff taxi”), and the Plaintiff’s Intervenor is the mutual aid business entity that entered into a motor vehicle mutual aid agreement with the Plaintiff taxi.

B. On September 14, 2019, the Defendant driven the EOtoba (hereinafter “Defendant Otoba”) owned by the Defendant on September 23:43, 2019, and was straighted in violation of the signal at the 140-year long-term distance of 140 U.S. market and the f elementary school by the H driver of the Plaintiff, who was left left to the left from the F elementary school room at the F elementary school level, was unable to avoid the Plaintiff taxi driven by the Plaintiff driver of the Plaintiff, who was left to the left from the F elementary school room at the F elementary school, and was in front of the Defendant Otoba (hereinafter “Defendant Oba”).

(hereinafter referred to as the "traffic accident in this case"). 【No dispute exists, Gap evidence Nos. 1, 2, and 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 4, and the purport of the whole pleadings and arguments.

2. The Plaintiff’s assertion taxi violated the signal at the time of the instant traffic accident, even though it attempted to turn to the left at the left, and was unilaterally shocked by Defendant Oraba, which was proceeding at the front and the left. As such, the instant traffic accident occurred due to the Defendant’s total fault.

Therefore, the plaintiff has no liability for damages caused by the traffic accident of this case to the defendant.

3. Determination

A. The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that “A person who operates an automobile for his/her own sake shall be liable to compensate for damage if he/she has killed or injured another person due to the operation of the automobile,” and provides that the driver’s intention or negligence does not exist. However, the proviso in subparagraph 1 of the same Article provides that “if a person who is not a passenger has died or injured, he/she himself/herself shall not be negligent in paying attention to the operation of the automobile, and the victim or his/her driver

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