logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
전주지방법원 2019.05.31 2018나5976
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the part on "1. Basic Facts" among the grounds of the judgment of the court of first instance. Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion that the instant accident occurred due to competition between the Plaintiff’s violation of signal signals and driving negligence, the Defendant’s violation of signal signals and speed limit, and the Plaintiff’s driver’s negligence at the time of the instant accident, and the Plaintiff’s spouse was in critical critical situation at the time of the instant accident, and the Plaintiff’s driver was forced to enter the instant intersection beyond the median line for the purpose of avoiding the collision with the said vehicle because the Plaintiff’s driver failed to secure the safety distance with the vehicle in the front line at the time of the instant accident, and there is no evidence to prove that the Plaintiff’s vehicle violated the speed limit. In light of the foregoing, the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle is 70:30.

Therefore, the Defendant is obligated to pay 18,831,800 won for indemnity amounting to 20% of the insurance proceeds paid by the Plaintiff to the Plaintiff (i.e., 94,159,000 won x 20%) (i.e., 94,159,000 won x 20%) and damages for delay.

3. The ground for appeal by the plaintiff is not significantly different from the argument in the first instance court, and the fact-finding and decision in the first instance court are justified even if the evidence submitted in the first instance court was presented to this court.

Therefore, the court's explanation on this part is the same as the part on "3. Judgment" among the grounds of the judgment of the court of first instance, and thus, it is citing this in accordance with the main sentence of Article 420 of the Civil Procedure

4. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

arrow