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(영문) 서울중앙지방법원 2019.12.11 2019나38115
구상금
Text

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

Reasons

1. On September 21, 2018, at the time of the instant accident, the Plaintiff’s vehicle in the situation of an access road accident as of September 21, 2018 at the time of the instant accident: (a) the Plaintiff’s vehicle, as of the date of the Plaintiff’s vehicle CD, 18:2, at the Gangnam-gu Seoul Cheongdamdong 128 Olympic Games, was integrated into five lanes as of the Olympic Games, depending on the combination road as of the said Olympic Games; (b) the Defendant’s vehicle, while driving in five lanes as of the said Olympic Games, was proceeding at a higher speed, while raising the sudden speed; and (c) there was no dispute over the amount paid 8,00,000 won on the left side of the Plaintiff’s vehicle’s right side (hereinafter “instant accident”); (c) the Plaintiff’s vehicle repair cost of KRW 8,500,000 - Self-paid vehicle’s expense of KRW 500,000,00).

2. Determination

A. In light of the following circumstances, it is reasonable to view the negligence ratio between the Plaintiff’s driver of the vehicle and the Defendant’s driver of the vehicle as 40:60 in light of the facts acknowledged prior to the negligence ratio, and the aforementioned evidence revealed.

① The point of the instant accident is five-lanes as the Olympic Games, and the five-lanes of vehicles entering the Olympic Republic from Gangnam-gu, Seoul to the Olympic Republic and the five-lanes of vehicles are in combination. At the time, the Plaintiff’s driver was driving the Plaintiff’s vehicle and entering the five-lanes depending on the access road to enter the said E from the Olympic Republic. The Defendant’s driver was driving the vehicle on the left side of the Plaintiff’s vehicle along the five-lanes as the Olympic Republic; the Plaintiff’s driver stopped the Defendant’s vehicle on the right side of the Defendant’s vehicle while driving the vehicle on the left side of the Defendant’s vehicle; and the Defendant’s driver was driving the vehicle on the left side of the Plaintiff’s vehicle without discovering the Plaintiff’s vehicle and driving the vehicle at the Gap’s own speed. In light of the occurrence of the instant accident.

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