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(영문) 서울중앙지방법원 2019.04.03 2018나66601
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. On January 14, 2018, at the time of the occurrence of the basic fact-finding accident, the Plaintiff’s vehicle, which was proceeding one-lane in the situation of the collision of the academic distance in the South-gu, Incheon, the Nam-gu, the Nam-gu, Seoul, on the date of the insured vehicle CD on January 14, 2018 at the time of the occurrence of the basic fact-finding accident, was stopped even though the unfolded vehicle, which was driving on the left direction direction, etc. at the front of the first lane, attempted to change course in the Plaintiff’s future, was a straight signal to avoid collision. The following reasons are as follows: (a) the Defendant’s vehicle, which was driving the two-lane, paid the insurance proceeds to the 1,474,550 won after the rear of the Plaintiff’s vehicle.

【Ground of recognition】 The purport of all entries, images, and pleadings in Gap's evidence Nos. 1, 3 through 6, 9, and 10

2. In light of all the circumstances, such as the situation at the time of the accident that can be acknowledged by the foregoing evidence, the time and distance between the Plaintiff’s vehicle’s course change and the stop and drilling, and the time distance between the Plaintiff’s vehicle’s course change and the stop and drilling, and the Plaintiff’s vehicle’s course change and stopped during the straight line, it is reasonable to deem that the instant accident was caused by the concurrence between the negligence of the Plaintiff’s driver and the negligence of the Defendant’s driver, and that the negligence ratio is 25:75.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,105,912 (i.e., KRW 1,474,550 x 75%) as the payment date of insurance money, and to pay damages for delay calculated by applying the rate of 5% per annum as stipulated in the Civil Act from February 29, 2018, which is the date of the first instance judgment, until September 13, 2018, which is the date of the first instance judgment, to the date of full payment, to the date of full payment.

3. Thus, the plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as there is no ground, and the judgment of the court of first instance shall be this.

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