logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.01.21 2019가단12392
채무부존재확인의 소
Text

1. On June 13, 2019: At around 23:30, the crosswalks shall be made from the shot distance of shotbane in Gangnam-gu Seoul, Gangnam-gu.

Reasons

1. Basic facts

A. The Plaintiff is the driver of H vehicle (hereinafter “Plaintiff”), and the Plaintiff’s Intervenor is the insurer of the Plaintiff’s vehicle.

The defendant is the driver of the I vehicle (hereinafter referred to as the "Defendant vehicle"), and the defendant joining the defendant is the mutual aid association that has entered into a mutual aid agreement with the defendant vehicle.

B. On June 13, 2019, at around 23:30 on June 13, 2019, the Plaintiff’s vehicle was proceeding from the shot Gidong, Gangnam-gu, Seoul to the area of the intersection intersection of shot, and was in front of the J apartment, and the police’s lebbane, etc. on the opposite road was under drinking control.

While the Defendant’s vehicle is proceeding along the Plaintiff’s vehicle, the Plaintiff’s vehicle was at a reduced speed, and the Plaintiff’s vehicle was shocked.

(hereinafter referred to as "the accident of this case"). 【No dispute exists, Gap 1, 2, and 3 evidence, Eul 1, 2, and 3 evidence, or the purport of the whole pleadings.

2. Determination as to the cause of action

A. The gist of the party’s assertion 1) The Plaintiff’s instant accident was caused by the Defendant’s negligence in performing his duty in the front bank and not securing safety distance. 2) The Defendant and the Defendant’s Intervenor did not secure safety distance; however, the Plaintiff’s negligence, even though there was no hindrance to the front bank in proceeding the road, was also caused by competition with the Plaintiff’s negligence.

B. In full view of the following facts and circumstances, which can be recognized by comprehensively taking into account the video images and the entire purport of the pleading evidence Nos. 2 and 3, the instant accident is deemed to have occurred due to the Defendant’s failure to perform his/her duty at the front time and to secure a safety distance.

1. Police officers were under the influence of alcohol on the opposite roads of the point where the plaintiff was at a speed reduction.

One of the police officers was in the vicinity of the central separation zone in the Obaba.

On the opposite road, the police offba, and the light of the controlled vehicle.

In addition, vehicle progress signal has been green, but the point where the plaintiff reduces the speed.

arrow