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(영문) 서울중앙지방법원 2019.09.04 2019나8848
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 13:59 March 15, 2017 at the time of the insured vehicle CD, the insured vehicle of the Plaintiff, at the time of the accident, was paid to the part on the right side of the Defendant-backed vehicle (hereinafter referred to as the “Defendant-paid vehicle”), which was moving back to start after stopping while the insured vehicle in the situation of the accident in the Gangnam-gu Seoul apartment complex (hereinafter referred to as “Plaintiff-paid vehicle”), and the part on the right side of the Defendant-paid vehicle (hereinafter referred to as “Defendant-paid vehicle”), which was moving back to start after stopping, and 20,00 won (based on recognition) of the self-paid vehicle’s self-paid vehicle of the insured vehicle of the Plaintiff-paid vehicle of the Plaintiff as security payment of KRW 33,230 on May 17, 2018, in which there is no dispute, and the purport of the whole statement or pleading as set forth in subparagraphs A through 6, A through 9 through 11, B

2. Determination

A. Taking into account the instant accident situation prior to the fault ratio between the Plaintiff’s driver and the Defendant’s driver of the vehicle, the Plaintiff’s driver of the vehicle making a bypassing the instant accident occurred, even though the Defendant’s vehicle parked at a large distance from the Defendant’s vehicle, when there were the Defendant’s vehicle parked, and the Defendant’s vehicle used a bypassing the vehicle to prevent the accident by making a bypassing the vehicle after the departure of the vehicle,

The negligence of the driver of the plaintiff vehicle is the cause of the occurrence and expansion of the accident of this case.

However, according to the above evidence, the accident of this case occurred due to the negligence of the following without properly verifying the plaintiff's vehicle which was parked in the back of the back of the time when the driver of the defendant vehicle stopped in the back of the direction of the running.

Therefore, the accident of this case occurred due to the main negligence of the driver of the defendant vehicle.

In light of the circumstances of the accident in this case, 30% of the negligence of the driver of the plaintiff vehicle and the driver of the defendant vehicle.

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