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(영문) 서울중앙지방법원 2020.08.19 2020나25993

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. At the time of the instant accident, on October 3, 2019, around 18:21, 2019, at the time of the instant accident, the driver of the Plaintiff’s vehicle, who was parked in the said parking lot in Seongdong-gu Seoul apartment complex in the direction of the left side of the Plaintiff’s vehicle in the direction of the parking lot in the direction of the left side. The driver of the Plaintiff’s vehicle, who driven the Plaintiff’s vehicle in the direction of the parking lot in the left side, entered the direction of the left side of the parking lot. In the course of parking where the Plaintiff’s vehicle was parked after the driver stopped and stopped, while the vehicle parked on the left side of the immediately left side of the vehicle, the left part of the Plaintiff’s vehicle in the front side of the Defendant’s vehicle stopped with the front side of the Defendant’s vehicle (hereinafter “instant accident”), 388,500,000 won (hereinafter “Plaintiff’s repair cost”), 508,500,010 won or 1600 won of the total insurance money for self-defense.

2. Determination

A. In full view of the facts acknowledged prior to the negligence ratio, and the following circumstances revealed by the aforementioned evidence, it is reasonable to view the negligence ratio between the Plaintiff’s driver and the Defendant’s driver as 20%: 80%.

① After passing through the left side of the above parking lot, the driver of the Plaintiff’s vehicle used the Plaintiff’s vehicle to drive the vehicle on the left side of the parking lot, and entered the passage of the said parking lot into the left side. If the Defendant’s vehicle stops and stops, the Plaintiff’s vehicle was parked on the left side of the parking lot, to stop driving of the Plaintiff’s vehicle and stop the vehicle on the front side of the parking lot (so-called Tin parking) and wait for the completion of parking of the Defendant’s vehicle.

However, the driver of the defendant vehicle is parked behind.