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(영문) 서울중앙지방법원 2018.05.03 2017나63438

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. On March 12, 2017, around 08:45, a claim for reimbursement related to a traffic accident that occurred in the vicinity of an area near the law (see, e.g., attached Form 2) as a second freedom in the area of the Seocho-gu Incheon Metropolitan City. 2. The instant accident is deemed to have occurred due to the Plaintiff’s primary negligence, which caused the change of the vehicle (i.e., “self-vehicle” in the said degree of accident) driving along the four-lane that the lane ceases to exist in the area of the two-lanes and did not discover the Defendant’s vehicle (i.e., “loan” in the said degree of accident), which stops in the three-lanes, and the collision between the Defendant’s vehicle and the latter (i.e., the foregoing certificate of accident) without properly examining the traffic situation of the front section and without properly securing the safety distance with the Defendant’s previous vehicle.

However, even if the defendant's vehicle is also a measure to discover a non-exclusive vehicle that intends to change the lane from the fourth lane where the lane is lost to the third lane, and to yield the course, it is reasonable to view that the fault ratio between the plaintiff's side and the defendant's side is 80:20.

3. Amount recognized as indemnity amount: 609,200 won: 3,046,000 won (Evidence 3 of A) x 20% of the insurance money paid by the plaintiff.

4. The defendant's appeal has some grounds.