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(영문) 서울중앙지방법원 2020.07.21 2019나82525
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 9,163,210 as well as to the plaintiff on June 1, 2019.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the defendant has a duty to further determine matters that the defendant delayed or emphasized by this court; and (b) the defendant has a duty to claim compensation from "64,142,470 won" to "16th 15th 15th 15th 15th.

The obligation to pay KRW 18,326,420, which remains after subtracting the Defendant’s already paid KRW 45,816,050 from KRW 64,142,470.

"At the same time, the part from the sixth to the fourth fourteenth day of the judgment of the first instance shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the grounds that the first instance court's reasoning is the same as that of the second instance judgment, except for the case in which the part is dismissed as set forth in the following paragraph

2. Additional determination

A. Defendant’s assertion ① was difficult to anticipate that there was a pedestrian crossing without permission, ② The driver of the Plaintiff’s vehicle, as the Plaintiff’s vehicle stops, should reduce or stop the speed. As such, the second accident was caused by the Plaintiff’s vehicle, ③ The Defendant’s vehicle merely shocked the victim, and the Plaintiff’s vehicle was seriously affected by the Plaintiff’s negligence, considering that the occurrence of the instant accident and the expansion of damages caused by the second accident. In light of the fact that the death of the victim was mainly caused by the second accident, the occurrence of the instant accident and the occurrence of damages would have a greater impact on the Plaintiff’s driver’s negligence.

B. It is alleged by the Defendant that the death of the victim was mainly caused by the second accident, but on the other hand, the occurrence of the first accident did not affect the driver’s negligence. However, in light of the circumstances of the occurrence of the second accident, such as the occurrence of the second accident caused by the driver’s negligence on the road of this case, the victim caused the second accident after the driver’s negligence, etc., the victim and the driver of the vehicle of this case were crossing the vehicle without permission by violating the signal at night during the occurrence of the accident of this case and the expansion of damage.

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