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(영문) 서울중앙지방법원 2019.09.10 2019나26259
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. Facts of recognition;

A. The Plaintiff is the owner of C vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with the owner of D vehicle (hereinafter “Defendant vehicle”).

B. On July 19, 2018, the Plaintiff’s vehicle stops on three-lanes of the 3-lane road of the Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-dong, Seoyang-gu, the third-lane road of the rural village. Around the course of departure, the Plaintiff’s vehicle was shocked with the Defendant’s vehicle that re-enters the vehicle into three-lanes while driving on the

(hereinafter referred to as “instant accident.” Specific accident situation is referred to as “attached Form 3.”

The Plaintiff was damaged due to the instant accident, and the Plaintiff repaired the Plaintiff’s vehicle, and the repair cost was KRW 694,537.

[Ground of recognition] Facts without dispute, Gap 1 through 5, Eul 1 through 3, purport of the whole pleadings

2. Determination

A. The following circumstances are revealed based on the above recognition ratio of liability of both vehicles and the evidence mentioned above. ① The Plaintiff’s vehicle was stopping in a stop-prohibited area under Article 32 subparag. 2 or 4 of the Road Traffic Act (the Plaintiff’s illegal stopping is not illegal. However, due to the Plaintiff’s vehicle, the bus stops the Plaintiff’s vehicle without normally stopping at the stop place before the Plaintiff’s vehicle, and the Plaintiff’s vehicle stops rhythm images as prescribed in the evidence No. 5 and No. 1, the Plaintiff’s stopping is sufficiently recognized). ② If the Plaintiff’s driver desires to depart from the stopping vehicle, the vehicle must drive after sufficiently examining whether there is a vehicle again changing the vehicle’s vehicle from the parked lane after changing the vehicle. ③ On the other hand, the driver’s liability ratio is 80% of the Defendant’s vehicle under the situation where it is difficult for the Plaintiff’s driver to recognize the change of the landing vehicle.

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