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(영문) 서울중앙지방법원 2018.11.01 2018나25822
구상금
Text

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

The defendant shall pay to the plaintiff KRW 200,000 on July 11, 2017.

Reasons

1. On April 28, 2017: (a) around 05:25, Kimpo-si, Kimpo-si, 11-ro 140-h 8-8 Down apartment entrance (see attached Form “the instant accident scene level”; hereinafter “the instant accident”); (b) as alleged by the Plaintiff, the video of the evidence No. 3 is insufficient to recognize the fact that the Defendant’s vehicle started one’s own during the illegal parking and stopping on the three-lanes; and (c) rather, according to the above video, the instant accident conflicts between the Defendant’s vehicle, which attempted to make a right-hand at the right-hand lane in the right-hand lane of the Defendant’s vehicle, at the private-distance intersection, with three-lanes facing the Plaintiff’s bus going into the right-hand lane, and thus, is an accident.

In light of such circumstances, the instant accident is deemed to have been caused by the negligence of the Plaintiff bus that invaded three-lanes by neglecting the operation of the steering direction and brakes while bypassing the two-lanes, which are the two-lanes, without closely examining the traffic situation of the front line.

However, although the defendant's vehicle that attempted bypassing slowly at the three-lanes could have sufficiently known that the plaintiff's bus is bypassing in the two-lane next thereto, it is erroneous that the plaintiff's bus will not yield the course or reduce the speed by closely examining the trends of the plaintiff's bus, thereby avoiding the conflict with the plaintiff's bus. Therefore, it is reasonable to view the error ratio of the plaintiff's bus and the defendant's vehicle as 90:10.

3. Amount recognized as compensation amount: 200,000 won: 2,000,000 won (Evidence 2 of the Plaintiff) paid by the Plaintiff x 10%.

4. The defendant's appeal has some grounds.

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