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(영문) 서울북부지방법원 2019.05.02 2018나35750
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

Attached Form

The plaintiff's traffic accident against the defendant.

Reasons

1. Basic facts

A. On January 11, 2018, a driver of the C Village bus (hereinafter “Plaintiff”) with the Plaintiff’s vehicle driving around 06:58 on January 11, 2018, while driving the Plaintiff’s vehicle, moving the private distance of 357 Gangnam-gu, Gangnam-gu, Seoul (Seoul) to the water basin toward the water basin from the direction of the mine shooting distance, the walking signal of the crosswalk that was immediately driven on the right bypass (hereinafter “instant crosswalk”) stopped in front of the melter’s crosswalk, and making it slowly slowly.

B. The defendant moved the bicycle to a delivery on the crosswalk of this case from the direction of the above temporary border.

As stated in the foregoing paragraph, the Plaintiff’s vehicle passing through the instant crosswalk was reported to the end and was placed at the center while driving the play bicycle, and was faced with an accident that goes beyond India and the boundary of the instant crosswalk (hereinafter “instant accident”).

C. On January 26, 2018, the Defendant was diagnosed as an injury to the right field, satisfying, satisfying, satisfying, sating, satisfying, etc. (hereinafter “the instant injury”) immediately after the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, Eul evidence 2 and 3, each entry and video (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The main point of the argument is that the driver of the Plaintiff’s vehicle did not violate the duty of care at the time, or did not violate the duty of pedestrian protection under the Road Traffic Act, and the accident of this case occurred when the Defendant wants to enter the crosswalk at a rapid speed as soon as possible with the bicycle riding at the place away from the instant crosswalk, while reporting the Plaintiff’s vehicle, and immediately stopping the vehicle.

Therefore, the Plaintiff’s obligation to pay damages to the Defendant regarding the instant accident does not exceed KRW 200,000.

B. Determination 1.

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