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(영문) 서울중앙지방법원 2020.03.18 2019나81003
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. At the time of the instant accident, the Defendant’s vehicle in the situation of collision with the passage of the Plaintiff’s Defendant’s vehicle CD on January 14, 2019 at the time of the instant accident, around 07:26 at the location, was parked in the left side of the Plaintiff’s vehicle’s moving direction among the passage roads among the warehouse buildings in the said E market, and was moving back to the direction of the Plaintiff’s moving direction. However, the Plaintiff’s vehicle, who was straight from the said passage, was approaching the front left side of the Defendant’s vehicle after the yellow line, and turned back to the front side of the lower left side of the Plaintiff’s vehicle, and was able to turn back to the lower left side of the lower left side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). The amount of KRW 1,85,520 of the total repair cost of KRW 1,85,520 (the repair cost of the Plaintiff’s vehicle), excluding KRW 371,00,00 of the self-paid share, does not dispute on February 15, 2019 [based on recognition] on the date of the final payment of the insurance proceeds of the secured self-owned vehicle damage security insurance money; the statements or images of Gap’s 1 through 8, Eul’s 1, and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings;

2. Determination

A. In light of the following circumstances, it is reasonable to view the negligence ratio between the Plaintiff’s driver and the Defendant’s driver as 70%: 30%.

① The instant accident site is a yellow line along the passage between warehouse buildings in the above E market. In front of the warehouse building in the direction of the Plaintiff’s vehicle, products, such as agricultural and fishery products, are loaded in front of the warehouse building in the direction of the vehicle. On the opposite side of the Plaintiff’s vehicle driving direction, it is difficult for vehicles to observe and operate the central line because they are parked or parked, and there is a point difficult to drive the vehicle in both directions. Therefore, drivers’ attention is required for safe driving.

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