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(영문) 서울중앙지방법원 2020.01.21 2019나36089

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On May 31, 2018, the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) Defendant Insured vehicle (hereinafter “Defendant’s vehicle”)’s insured vehicle (hereinafter “Defendant’s vehicle”) caused the instant accident to be driven by the Plaintiff’s vehicle in front of the E Apartment-dong parking lot at the Goyang-si and the 18:20 place on May 31, 2018. The Defendant’s parked vehicle, entering the parking zone from the rear-ray parking zone, and the front left side of the Plaintiff’s vehicle

(b) the instant accident. (b)

The Plaintiff paid the Plaintiff’s insurance amount to KRW 2,034,820,000,000, in total, according to the agreement on the next injury security for automobile insurance purchased by G driver of the Plaintiff’s automobile insurance.

The details are KRW 1,234,820, KRW 150,000, KRW 320,000, and KRW 330,000 for other losses.

[Grounds for Recognition] Uncontentious Facts, Gap 1 through 10, the purport of the whole pleadings

C. The first instance judgment on the Defendant’s duty of indemnity is deemed to be 30:70 won for the instant accident, and the fault ratio of the Defendant’s vehicle shall be deemed to be 2,034,820 won for the insurance money paid by the Plaintiff, excluding the sum of KRW 330,000 for future expenses and KRW 320,000 for other damages paid by the Plaintiff, and excluding the sum of KRW 320,000 for the instant accident, and 969,374 for the Defendant. [2,034,820 for the insurance money paid by the Plaintiff - KRW 650,00 for the damages incurred by the instant accident] and the payment of damages for delay was ordered.

2. Determination as to the cause of action

A. The plaintiff asserts that the plaintiff's assertion that the plaintiff's vehicle driver's G suffered injuries in the accident of this case, and the defendant is liable to pay indemnity corresponding to the ratio of negligence, and the defendant asserts that at the time of the accident of this case, the defendant is a minor accident whose speed of the defendant's vehicle is less than 5 km/h, and the result of the analysis by the National Institute of Scientific Investigation and Investigation of Science is also a result of the analysis of the National Institute of Scientific

B. First of all, in light of the background of the instant accident, the Plaintiff and the Defendant vehicle.