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(영문) 서울중앙지방법원 2019.11.27 2019나32049
구상금
Text

1. Of the judgment of the court of first instance, KRW 4,120,00 against the Plaintiff as to the Defendant and its related thereto from December 14, 2018 to November 27, 2019.

Reasons

1. The circumstances leading up to the instant accident are as follows.

On August 26, 2018 at the time of the accident, the insured vehicle CD at the time of the accident, and the defendant vehicle driven across the center line of the road (hereinafter referred to as the "third vehicle") in the north-west-gun of Pyeongtaek-gun at the location of the Gam-gun at the time of the accident, was shocked by the vehicle of the defendant who was driven outside the center line of the road at the location of the Gam-gun at the location of the Gam-gun, and then the vehicle of the plaintiff who was driven at the rear side of the third vehicle was paid the third vehicle with the shock insurance amount of KRW 6,100,000, 500, 500,000, 1,3,000, 2,3,3,3, and 4, and the purport of the whole pleadings as a whole.

2. In light of all the circumstances, such as the background of the accident that can be acknowledged by the foregoing evidence, the degree of the collision, and the degree of the damage of the vehicle, the instant accident is determined that the negligence of the Plaintiff’s driver, who operated without securing the safety distance with the third vehicle, and the negligence of the Defendant’s driver who driven over the center line, was committed concurrently. It is reasonable to deem the negligence ratio to be 3:7.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,120,00 as indemnity (i.e., total damages of KRW 6,600,000 x 70% - self-paid charges of KRW 500,000 - Supreme Court Decision 2015Da236431 Decided January 28, 2016) and to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act from December 14, 2018, the day following the final payment date of insurance proceeds, which is reasonable to dispute over the existence or scope of the Defendant’s obligation to pay to the Plaintiff, until November 27, 2019, which is the date a final judgment is rendered by the competent court, and from the next day to the day of full payment, damages for delay calculated by 15% per annum as stipulated in

3. In conclusion, the plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed due to the lack of reasonable grounds.

Since the part against the defendant ordering payment in excess of the above recognition amount among the judgment of the first instance is unfair, the defendant's appeal is partially accepted, and the plaintiff's claim corresponding to the above revocation part is revoked.

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