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(영문) 서울중앙지방법원 2019.12.11 2019나44042
구상금
Text

1. Of the judgment of the court of first instance, KRW 982,360 against the Plaintiff and the Plaintiff regarding this, from October 18, 2018 to December 11, 2019.

Reasons

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

On October 6, 2018 at the time of the accident, around 22:15, 2018, the insured vehicle CD at the time of the accident, and around 3,205,90,000, the part of the driver's seat of the Plaintiff’s vehicle that entered the intersection in Seocho-gu Seoul apartment complex at the same time without signalling the situation of the collision and the full part of the Defendant's vehicle paid for the collision insurance proceeds of KRW 3,205,90,00, 50, 500, 50, 500, 500, 1 or 5, 1 or 1, the purport of the whole

2. In light of all the circumstances that can be acknowledged by the aforementioned evidence, such as the fact that the Plaintiff’s vehicle and the Defendant’s vehicle enter the intersection at the same time, the width of the road on which the Defendant’s vehicle is running is wider than the width of the road on which the Plaintiff’s vehicle is running, but the Defendant’s vehicle also did not provide the vehicle prior to entering the intersection, and the conflict part, it is reasonable to deem that the instant accident caused the collision between the negligence of the Plaintiff’s driver and the negligence of the Defendant’s driver, and that the negligence ratio is 6:4.

Therefore, the Defendant is obligated to pay to the Plaintiff 982,360 won as indemnity amount (i.e., total damage 3,705,900 won x 40% x 500,000 won as self-charged - Supreme Court Decision 2015Da236431 Decided January 28, 2016) and to pay damages for delay calculated at the rate of 12% per annum as stipulated in the Civil Act from October 18, 2018, the day following the insurance payment date to December 11, 2019, which is reasonable to dispute the existence or scope of the Defendant’s performance obligation, until December 11, 2019, and the day following the date of full payment until the day of full payment.

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.

Of the judgment of the first instance, the part against the defendant ordering payment exceeding the above recognition amount.

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