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(영문) 서울중앙지방법원 2020.07.08 2019나72276
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, at around 20:30 on October 5, 2019, the insured vehicle CD of the Plaintiff’s insured vehicle, and around 20:30 on October 5, 2019, at the time of the accident, there is no dispute over the front part of the Plaintiff’s vehicle’s right side and the front part of the Defendant’s vehicle’s vehicle moving back to the moving direction from the right side of the Plaintiff’s vehicle to the point of the parking lot in the underground parking lot where the collision of the Plaintiff’s apartment underground parking lot in Daejeon Seo-gu, Daejeon-gu, Daejeon-gu, the purport of the entire pleadings, including the descriptions or images of Gap’s 1 to 3 evidence, and

2. The judgment of the plaintiff's vehicle appears to have entered the road, and the driver of the defendant vehicle in the right right right right right at the right right time was negligent in driving so as not to obstruct the course of the plaintiff vehicle in the right time. However, in light of all the above circumstances, such as the situation and situation of the accident that can be recognized by the above evidence, such as the fact that the driver of the plaintiff vehicle seems to have been able to sufficiently ascertain the situation of entering the intersection due to the defendant vehicle's slowly, the accident in this case is judged to have occurred concurrently by the negligence of the driver of the plaintiff vehicle in the right time to right time while entering the intersection. It is reasonable to view that the negligence ratio of the plaintiff vehicle driver and the driver of the defendant vehicle in the right time is 2:8.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 672,800 (=total damages of KRW 1,091,000 】 80% - Self-paid 200,000, Supreme Court Decision 2015Da236431 Decided January 28, 2016) and the following delay damages as follows.

With respect to KRW 454,60, which is the amount cited in the first instance judgment, it is reasonable to resist the existence or scope of the Defendant’s obligation from May 16, 2019, which is the day following the date of payment of insurance money.

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