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(영문) 서울중앙지방법원 2019.06.12 2019나5450
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

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

On January 25, 2018, 08:30, Jan. 25, 2018, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, and on the other hand, on the two-lanes of the collision situation of the road in front of the Incheon Nam-gu, Incheon Metropolitan City, the vehicle of the Plaintiff driving the Defendant vehicle on the two-lanes without a line between the first and the second two-lanes, and the purport of the entire arguments and arguments as to the payment of shock insurance money 6,610,00 won by the Plaintiff’s vehicle on the ground of recognition 6,610,000 won.

2. The Plaintiff’s driver was able to discover the Defendant’s vehicle that had been rhyd from before reaching the point of accident to the point of accident, and the front wheels of the Defendant’s vehicle followed the vehicle between one lane and two lanes as the front wheels of the Defendant’s vehicle is close to the Defendant’s vehicle, and even though it was possible to clearly recognize that the left front part of the Defendant’s vehicle is protruding along one lane, the vehicle driven slowly and passed the Defendant vehicle without driving safety while driving the vehicle without driving the vehicle.

Although it is clear that the vehicle will obstruct the passage of other vehicles by stopping rhym on the one side of the road, the driver of the defendant vehicle did not install a warning sign informing that the vehicle is a broken-off or a broken-off vehicle, and even though the vehicle of the plaintiff is proceeding at the later side, the defendant vehicle turned the vehicle toward the one-lane.

In light of the circumstances that can be acknowledged by the aforementioned evidence, such as the background and conjection of the accident, it is reasonable to deem that the accident in this case was caused by the negligence of the Plaintiff’s driver and the negligence of the Defendant’s driver, and that the negligence ratio was 3:7.

Therefore, the Defendant’s claim amounting to KRW 4,627,00 (i.e., KRW 6,610,000 x 70%) and the Defendant’s claim as to the existence or scope of the Defendant’s performance obligation from February 1, 2018, which was the day following the payment date of insurance proceeds, is a date of the first instance judgment, which was the date when the first instance judgment was rendered.

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