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(영문) 제주지방법원 2021.03.26 2020가단59477
손해배상(자)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement for automobile with D vehicles (hereinafter “Plaintiffs”). The Defendant is a driver of E vehicles (hereinafter “Defendant”).

B. On April 12, 2019, around 20:03, the Plaintiff’s vehicle came to turn to the left at the seat of the Jeju Airport at the new rode 2, 1715-3 new rogate 2, 2019. The Defendant’s vehicle immediately left the left after the Plaintiff’s vehicle.

The plaintiff vehicle immediately after the left turn changed the way from the three-lane to the four-lane, and the defendant vehicle first changed the lane to the four-lane, and then the plaintiff vehicle in the three-lane to the three-lane.

Around the time the Defendant’s vehicle stopped the Plaintiff’s vehicle, the Plaintiff’s vehicle shocked the left rear gate of the Defendant’s vehicle (hereinafter “instant accident”). C.

The Plaintiff paid KRW 3,446,80,00 from April 15, 2019 to March 24, 2020, as medical expenses for treating the injury (e.g., salt ties and tension) suffered by the Defendant due to the instant accident.

【Ground of recognition】 The non-contentious facts, Gap 3, 5, 6-1, and 6-2's entries and images, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff should consider the negligence of the defendant vehicle as 30% in the occurrence of the instant accident. As such, the plaintiff should return the 1,034,040 won ( =3,446,800 won x 30%) corresponding to the ratio of negligence of the defendant vehicle among the medical expenses already paid by the plaintiff. The plaintiff should pay consolation money to the defendant (=1,50,000 won (=1,50,040 won x 70%). Thus, the defendant should eventually return consolation money (=1,034,040 won -105,00 won) to the plaintiff.

B. The instant accident occurred by negligence between the Plaintiff and the Defendant’s vehicle as follows.

must be viewed.

As a plaintiff vehicle, the three-lanes of the four-lanes are driving, and it is four-lanes.

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