beta
(영문) 서울중앙지방법원 2020.05.29 2019나47089

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the insured vehicle (Plaintiff’s insured vehicle) (Defendant’s insured vehicle) (Defendant’s insured vehicle CD on March 19, 2019 and around 19:40 on March 19, 2019, the situation of the collision of the building E in Seongbuk-gu, Sungwon-si (hereinafter “the road of this case”) by the Plaintiff’s vehicle at the front side of the road of this case after checking the yellow domination, etc. on the front side of the road of this case, while the Defendant’s vehicle parked on the right side of the road of this case at almost passing through the intersection, without verifying the Plaintiff’s vehicle, bypassing the right side and shocking the back side of the Plaintiff’s vehicle of this case (hereinafter “the accident of this case”). The payment amount of the insurance money includes 3,200,000,000 won for the repair of the Plaintiff’s vehicle of this case’s automobile of this case’s KRW 50,000,00,00 for self-paid on the insurance money of its own car of this case No.319

2. The parties' assertion

A. On the driving direction of the Plaintiff’s vehicle, the yellow light was turned on, and the red light was turned on in the direction of the Defendant’s vehicle, while the Defendant’s vehicle had already entered the intersection, the Defendant’s vehicle had gained the right of way to the Plaintiff’s vehicle, and the instant accident occurred by merely bypassing the course.

Therefore, the instant accident was caused by the total negligence of Defendant vehicle.

B. The instant accident occurred when the Defendant’s vehicle first entered or entered the intersection at the same time, and the Plaintiff’s driver could be aware of the movement of the Defendant’s vehicle, and thus, the Plaintiff’s driver could have predicted and avoided the instant accident.

Therefore, the fault ratio of the Plaintiff is at least.