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(영문) 서울중앙지방법원 2018.04.13 2017가단5211651
구상금
Text

1. The Defendant’s KRW 31,013,284 as well as the Plaintiff’s annual rate from November 1, 2017 to April 13, 2018.

Reasons

1. Basic facts

A. On May 1, 2017, at around 12:25, B vehicles (hereinafter “Plaintiffs”) were driven and entered a parking lot in the low-face low-face Haak-ri, west coast D-west Sticking Sticking Sticking Sticking Office (Road) on the left side of the Plaintiff’s vehicle (hereinafter “Defendant vehicle”), and the front part of the D vehicle, which was driven in the left parking zone as indicated in the attached Form No. 1, was an accident attributable to the front part of the Plaintiff’s left side of the vehicle.

(b) The Plaintiff’s vehicle misleads the operation of the vehicle and accelerating X-cella while driving at a speed immediately following the occurrence of an accident: (a) towing a vehicle parked in front of the vehicle parked in front of the parking zone in order and towing another vehicle parked again (hereinafter “the second accident”).

By October 31, 2017, the Plaintiff, the insurer of the Plaintiff’s vehicle, paid KRW 77,533,211 in total with the repair cost of the Plaintiff’s vehicle and other damaged vehicles, such as “the list of damaged goods and the victim’s damages.”

And the defendant is the insurer of the defendant vehicle.

【Ground of recognition】 Each entry or video of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The plaintiff asserts that since the second accident occurred due to the negligence of the defendant's vehicle, the plaintiff is responsible for compensating for 54,273,247 won, an amount equivalent to the defendant's liability ratio (70%) out of total damages due to the first and second accident.

On the other hand, the defendant asserts that the second accident is attributable to the whole negligence of the driver of the plaintiff vehicle, such as the driver's lodging, regardless of the first accident, and the defendant is not responsible for the second accident.

3. As to whether the negligence of the driver of the defendant vehicle contributed to the occurrence of the second accident, the second accident by the plaintiff vehicle can be seen as being caused by the second accident as seen earlier.

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