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(영문) 서울중앙지방법원 2017.11.21 2017나58689
구상금
Text

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

Reasons

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

At the time of the accident, at around 06:25, Nov. 8, 2016, at the time of the Plaintiff’s insured vehicle B driver’s assistant to the Defendant F driver’s of the Defendant Insured vehicle, the Plaintiff’s insured vehicle was in the first line before the Plaintiff’s insured vehicle was in the first line while the Plaintiff’s insured vehicle was in the first line in the vicinity of the Dongjak-gu Seoul Olympic Winter Games at the place around November 8, 2016, and at the time of the accident, the Defendant’s insured vehicle was in the second line before the Plaintiff’s insured vehicle was in the first line, and there was no dispute over KRW 20,00,00 of the Plaintiff’s insured vehicle and the estimated insurance money paid for the insured vehicle and KRW 618,40,00 (based on recognition), the entry

2. The Plaintiff asserted that the instant accident occurred due to a change in the course of the Defendant’s insured vehicle’s care, and claimed 494,720 won equivalent to 80% of the Defendant’s liability, and damages for delay from the day following the payment date. The Defendant asserted that the Plaintiff’s insured vehicle, who neglected the method of driving and the duty of safe driving in the joint principal section, was grossly negligent or at least 80% of the amount of negligence.

In light of all the circumstances, such as the background of the accident, the degree of conflict, and the degree of shock, it is reasonable to view the negligence ratio of the Plaintiff’s insured vehicle and the Defendant’s insured vehicle in the instant accident as 6: 4.

Next, I examine the scope of indemnity.

The Plaintiff’s insurance proceeds of this case are paid on the basis of the self-vehicle damage security, and the self-vehicle damage security has a characteristic of consideration for insurance premiums paid by the insurer up to the time of occurrence of the insured event. It is separate from the liability to compensate for damages borne by the Defendant’s insured vehicle. The Plaintiff did not compensate for the part of the amount corresponding to the insured’s self-paid damages.

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