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(영문) 서울중앙지방법원 2019.09.04 2019나18579
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. The circumstances leading up to the instant accident are as follows.

On August 19, 2018, at the time of the accident, the Plaintiff’s insured vehicle CD at the time of the accident, and the Plaintiff’s insured vehicle in the F golf course parking area located in Gwangju-si, Gwangju-si (hereinafter “Plaintiff’s vehicle”)’s accident situation in the Ff golf course in Gwangju-si, and the part of the Defendant’s insured vehicle (hereinafter “Defendant’s vehicle”) left behind and back in the parking area, and the part of the Defendant’s insured vehicle (hereinafter “Defendant’s vehicle”), which was moving back to the parking area, were paid with the insurance money paid for the accident, which was shocked by the lower end of the parts of the Plaintiff’s vehicle, until August 24, 2018. The purport of all the arguments is as follows: (a) there is no dispute on the damage of self-guaranteed vehicle (based on recognition) to be paid KRW 1,080,800,

2. Determination

A. According to the above evidence, the accident of this case occurred due to the negligence of the driver of the plaintiff vehicle and the driver of the defendant vehicle without properly verifying the plaintiff vehicle in the process of coming back from the parking zone. Thus, it is reasonable to deem that the accident of this case occurred due to the main negligence of the driver of the defendant vehicle.

However, in the course of driving in the parking lot, the driver of the plaintiff vehicle is obligated to prevent the accident by means of sounding the warning when other vehicles are moving in the parking zone while driving in the parking lot, but the negligence of the driver of the plaintiff vehicle who violated such obligation was also caused by the occurrence and expansion of the accident in this case.

I would like to say.

In light of the circumstances of the instant accident, it is reasonable to 20% of the negligence of the Plaintiff’s vehicle in the instant accident, and 80% of the negligence of the Defendant vehicle.

B. In the end, the Defendant’s insurance money for KRW 864,640 ( KRW 1,080,800 x 80%) as the indemnity amount and KRW 702,520 as cited in the judgment of the first instance.

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