logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.04.08 2019나78793
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

At the time of the accident, at around 05:30 on July 8, 2019 at the time of the accident, the part on the right side of the Plaintiff’s vehicle, which was changed to the three-lane in order to circumvent the accident situation of the Youngdong-dong, Gangnam-gu, Seoul at the location of the office-based Seoul at the time of the accident, and the part on the left side of the Defendant’s vehicle, which was moving to the three-lane, was 48,931,010 won (i.e., the amount of damages for 22 passengers of the Defendant vehicle), 43,601,010 won (i.e., the repair cost of the Plaintiff’s vehicle, KRW 5,30,000 for the 22 passengers of the Defendant vehicle) and the compensation for damages, and the final payment of the insurance proceeds of the damage security of the self-owned vehicle, on September 1, 2019.

2. In light of the following circumstances, the instant accident was caused by the common negligence of the driver of the original Defendant’s vehicle, and the negligence ratio is reasonable to regard the Plaintiff’s vehicle as 80% and the Defendant’s vehicle as 20%.

① The driver of the Plaintiff’s vehicle was making a sudden change to a three-lane without maintaining a sufficient safety distance in order to circumvent the two-lanes. As such, the Plaintiff’s driver’s main fault in the instant accident is the Plaintiff’s driver.

② However, inasmuch as the Plaintiff’s driver, while driving ahead of the Defendant’s vehicle on the two-lanes, did not have any particular obstacles at the time when the direction for direction was given to several seconds, the Defendant’s driver was able to be aware of the Plaintiff’s attempt to change the lane. However, even though the Plaintiff’s driver was negligent in attempting to change the lane, it should be deemed that the occurrence of the instant accident or the expansion of damage caused by the instant accident. Therefore, the Plaintiff’s driver was at least 20% of the instant accident.

3. Conclusion, the Defendant: (i) KRW 9,786,202 (i.e., KRW 48,931,010 x Defendant vehicle’s fault ratio x 20%) to the Plaintiff; and (ii) from September 19, 2019, the date following the final payment date of insurance proceeds.

arrow