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(영문) 서울고등법원 2018.06.01 2018나2005766

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

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff makes an additional or supplementary judgment as to the part asserted as the ground for appeal as follows. Thus, it is acceptable to accept it as it is in accordance

2. Additional or supplementary judgment

A. The summary of the grounds of appeal is that the body of the vehicle, which affected the construction site, has fallen on the two lanes in the course of entering the construction site into two lanes, and the road repair works requires to pass along only two lanes in the left side of the central line, so that it is possible to pass along only two lanes with the road repair works, and thus, it is necessary to pay attention to the passage of the vehicle from the center without any separate median line. However, the driver of the vehicle is negligent in doing so; the driver of the vehicle is at a speed of five meters in the direction of the vehicle, and the driver of the vehicle is at a rapid speed from five meters in the direction of the vehicle, and the driver of the vehicle is stated to the effect that the victim was unable to be seen as the victim even if the vehicle was stopped and stopped. In light of the credibility of the driver's statement by the surrounding situation at the time, it is necessary to take into account at least 40% of the negligence of the victim.

B. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 2 and 5, the fact that the driver of a vehicle in the Ghana may enter the two lanes north of the center line by the police, but the driver was able to leave the road on the left side of the center line, and the victim entered the road on the left side at the time, and stated that the victim was wearing a fitness, the speed immediately preceding the accident on the yellow survey prepared by the police is set at 0-20 K m of both the vehicle and the damaged oto, and the human factor is only set at 0-20 K m of both the vehicle and the damaged oto, and there is no human factor for the victim.

2.3.