beta
(영문) 서울중앙지방법원 2018.09.20 2018나16460

구상금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 3,437,60 on November 4, 2017.

Reasons

1. On September 1, 2017, at around 19:50, the claim for reimbursement related to a traffic accident that occurred at a nearby Sam-distance Intersection A in Gwangju-si (hereinafter “instant accident”), Gwangju-do. 2. The instant accident occurred due to the main fault of the Defendant vehicle, which caused a collision with the Plaintiff’s vehicle located on the left-hand side while the Defendant’s vehicle making a large right-hand turn-on at the Sam-distance Intersection (Evidence A, 3). The instant accident occurred due to the main fault of the Defendant vehicle, which caused a large right-hand turn-on due to an error in the operation of the steering direction and brake devices without closely examining the traffic situation of the front-way.

However, in light of all the circumstances indicated in the records, such as the fact that the Plaintiff’s vehicle and the Defendant’s side are not able to drive safely by taking into account the traffic situation of the front left-way, and that it seems that there was an error by neglecting to drive safely, thereby contributing to the occurrence of the instant accident, and there is no evidence to readily conclude that the Plaintiff’s vehicle in the straight-way infringed on the central line. Meanwhile, it is reasonable to deem that the negligence ratio between the Plaintiff’s side and the Defendant’s side is 20:80, considering all the circumstances indicated in the record.

3. Amount recognized as compensation amount: 3,437,600 won: 4,297,00 won (Evidence 4) paid by the plaintiff x 80 percent.

4. The defendant's appeal has some grounds.