손해배상
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts may be found either as a matter of dispute between the parties or as a whole by taking account of the entries in Gap evidence 1 to 9 and the whole purport of the pleadings as a result of the verification conducted by the court of the relevant trial:
At around 18:00 on December 4, 2013, the Defendant: (a) obstructed the safety zone in the center line to the left side of the DV driven by the Plaintiff (hereinafter “Plaintiff”) while driving the 4-lane road near Seocho-gu Seoul Metropolitan City (hereinafter “Defendant OEF”) from internal control on the surface of the water surface; (b) obstructed the safety zone on the center line; (c) obstructed the Plaintiff’s vehicle into the safety zone; (d) obstructed the front side of the left side of the Defendant OEF by the front side of the right side of the Plaintiff’s vehicle.
(hereinafter referred to as the “instant accident”). B.
In the instant accident, the Plaintiff spent KRW 743,700 for medical expenses incurred in injuries, such as damage to the power line near the left side of the instant accident, and spent KRW 1,230,544 at the repair cost of the Plaintiff’s vehicle.
2. Determination
A. According to the above fact that the damage compensation liability occurred, the defendant, as the driver of the defendant Oral Ba, caused the accident in violation of the duty of care not to enter and drive the safety zone, and thus, he is liable to compensate the plaintiff's damage.
However, the plaintiff did not verify whether the vehicle is being driven in the rear bank, and there was an error of entering the safety zone as soon as possible, and such negligence of the plaintiff contributed to the occurrence of the accident in this case.
Therefore, in light of the background of the occurrence of the accident in this case, the conflict side and form, etc., it is reasonable to 30:70 of the negligence ratio of the original defendant in this case.
B. According to the above facts, the Plaintiff’s property damages arising from the instant accident are 1,974,244 won in total (=743,700 won + 1,230,544 won in ＋ 1,230,544), and consolation money shall be paid in consideration of the parts and degree of the Plaintiff’s injury, age, gender, accident circumstances, etc.