구상금
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.
1. At the time of the instant accident, the Plaintiff’s vehicle CD temporary 18:38 October 5, 2018 at the time of the instant accident: (a) while the Plaintiff’s vehicle in the situation of the first floor collision of the underground apartment parking lot in North-gu E-gu, North Korea at the port of port as of October 18, 2018, left the entrance of the apartment house at the intersection in the said parking lot, the Plaintiff’s front part of the Defendant vehicle entering the said intersection from the right direction of the vehicle and the front part of the Plaintiff’s vehicle’s repair cost of KRW 793,000,000 (the repair cost of the Plaintiff’s vehicle) paid for the insurance proceeds, excluding the amount of KRW 200,000,000 for self-paid money, there is no dispute over the payment date of the insurance proceeds for self-paid vehicle damage security (based on recognition); and (b) the entry or video as provided for in subparagraphs A through 10 and B through 4.
2. Determination
A. According to the evidence as seen earlier, the following circumstances are acknowledged: (a) the accident site of this case is an underground parking lot where frequent traffic of residents is anticipated; and (b) the parking lot intersection is a place where other vehicles are allowed at any time; (c) the driver of each vehicle has a duty of care to safely drive by taking into account whether other vehicles are entering the front left and right right right; (d) the accident of this case occurred while the Plaintiff is going through the said intersection without properly examining the front left and right right while the vehicle is going through the said intersection; (c) on the other hand, the driver of the Plaintiff was obliged to safely drive the vehicle by taking into account the movement of the Defendant vehicle while the vehicle was entering the said intersection; and therefore, (d) the driver of the said vehicle did not enter the said intersection without taking account of the circumstances, such as the occurrence of the accident of this case and the expansion of damage.