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(영문) 인천지방법원 2014.06.27 2012가단208502
채무부존재확인
Text

1. With respect to an automobile accident listed in paragraph 1 of the annex 1, the time limit for the insurance contract described in paragraph 1 of the same Schedule.

Reasons

1. Basic facts

A. A. Around December 201, the Plaintiff concluded a mutual aid agreement with B of its members and CK5 private taxi vehicles owned by its members (hereinafter “Plaintiff”) as shown in paragraph (2) of the attached Table.

B. However, at around 18:00 on December 20, 201, the above B, while driving the Plaintiff’s vehicle on the side of the traffic distance, proceeded to the Gyeyang-gu At the intersection of Gyeyang-gu Incheon Gyeyang-1 Traffic Park, the following is that the Defendant’s bicycle and the Defendant’s pelle part of the upper half of the Plaintiff’s pelle, on the left side of the direction of the Plaintiff’s vehicle, who was going to the left at the intersection of Gyeyang-gu in Gyeyang-gu, Incheon, Gyeyang-gu, 1085-1 Traffic Park, and brought to the left, conflict with the front part of the Plaintiff’s bicycle and the Defendant’s pelle. Accordingly, the Defendant suffered injuries, such as the upper part in charge of the right-hand part, the right-hand part and the right-hand part of the Defendant

(hereinafter “the instant traffic accident”). (B) At the time of [glim], the signal of the Plaintiff’s vehicle was red, and the intersection is a non-protected left-hand turn.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 7-1, Eul evidence 1-3 and the purport of whole pleadings

2. We also examine the main claim and counterclaim.

A. According to Article 4 of the Road Traffic Act, Article 6 (2) and attached Table 2 of the Enforcement Rule of the Road Traffic Act, the vehicle can turn to the left at a place where a non-protective left or left-hand turn is marked, but according to the above basic facts, the above B may turn to the left-hand turn at the time of red lights, thereby recognizing the fact of causing the instant traffic accident.

Therefore, the above B is a tort caused by the traffic accident in this case, and the plaintiff is obligated to compensate the defendant for the damages caused by the traffic accident in this case as a mutual aid business operator for the above B.

(b) No. 7 No. 7-5 of the limitation on liability for damages, and 5.

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