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(영문) 서울중앙지방법원 2019.06.12 2019나3577

구상금

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

On April 16, 2018, when the accident occurred, the plaintiff's vehicle C (Obab) D (Vehicle) on April 21, 2018 at the time when the accident occurred and the plaintiff's vehicle moves into three-lanes of roads near E at the location of Seopopo-si, Seopo-si, the vehicle in the situation of collision with the plaintiff's vehicle moving into three-lanes of roads near each other, while driving into the opposite lane with the defendant's vehicle that was normally straighted in the opposite lane, and the driver's f of the plaintiff's vehicle facing the defendant's vehicle with the vehicle of the vehicle of the vehicle of the plaintiff's death (the specific accident circumstance is as follows), the insurance money payment amount of KRW 41,400,000 (F) is paid for the insurance money guaranteed by the defendant's vehicle of the vehicle of the accident of this case on August 16, 2018 (the grounds for recognition).

2. Determination

A. The instant accident occurred by the driver of the original Defendant’s vehicle as follows, and it is reasonable to regard the negligence ratio as 80% of the Plaintiff’s vehicle and 20% of the Defendant’s vehicle.

① The driver of the Plaintiff’s vehicle was driving along the opposite lane and attempted to cross the crosswalk and make a right-hand turn. The main fault in the instant accident ought to be deemed to be the driver of the Plaintiff’s vehicle.

② However, since the Defendant’s driver also used red-off signal at the location of the instant accident, it is reasonable to view the negligence ratio to the extent of 20% in total as follows: (a) the Defendant’s driver temporarily stops in front of the instant accident while taking care of other traffic after temporarily stopping in front of the instant crosswalk; and (b) the Defendant’s driver’s negligence ratio.

B. If the insurer pays damages to the victim according to an insurance contract concluded with one of the joint tortfeasor and the joint tortfeasor is jointly exempted, the insurer who has paid the insured amount may exercise the right of indemnity against the other joint tortfeasor or the insurer thereof.

The plaintiff's bereaved family members of the victim F are reflected in the negligence of the victim's damage compensation of KRW 41,400,000, which is the amount.