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(영문) 서울중앙지방법원 2020.05.15 2019나43223

손해배상(자)

Text

1. Each appeal by the plaintiffs and each appeal by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the case where the parties added the following '2. Additional Judgment' as to the assertion emphasized or added by the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 4

2. Additional determination

A. (1) Determination as to the argument regarding comparative negligence (1) The plaintiff suffered from the accident of this case on the wind of the driver of the defendant vehicle driving, and the result is significant. On the other hand, the plaintiff A, the driver of the plaintiff vehicle, has posted the plaintiff vehicle to the right side of the two-lane to the maximum extent possible, has ordered the plaintiff B to shoulder all his family members, has improved emergency lights by opening the back string line, and has turn off inside the string line. After moving out of the tunnel to the outside of the tunnel so that the driver can use the mobile phone light on the side, the purpose of installing the safety triangulation line is to ensure that the driver of the next side can find the accident vehicle, so it is sufficient to take the safety measures as above, even if the driver of the safety triangulation is not installed, and the plaintiff A, the driver of the plaintiff vehicle, who was the driver of the plaintiff vehicle, could have been waiting for the left side of the left side of the deceased, making it late due to the order of the left side of the deceased.

In light of the above, although the deceased had a percentage of the safety level for his car, the accident in this case occurred by the driver's negligence of the driver of the defendant vehicle, and there is no negligence that can be the ground for offsetting negligence on the part of the plaintiff. In light of the above, the accident in this case was caused by the driver's negligence, and the accident in this case was caused by the driver's negligence, and the plaintiff's negligence did not constitute the ground for offsetting negligence.