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(영문) 서울중앙지방법원 2015.02.13 2014가단5043567
구상금
Text

1. As to the Plaintiff KRW 27,847,32 and KRW 1,622,58 among them, the Defendant shall start on April 15, 2013, and the remainder 26,224.

Reasons

1. Issues of the instant case

A. The fact that a traffic accident (hereinafter referred to as the “accident in this case”) occurred as indicated in the grounds for the claim, and the fact that the Plaintiff paid total amount of KRW 278,473,324 to the deceased, a victim of the instant accident, etc. does not have any particular dispute between the parties.

B. In relation to this, the Plaintiff asserted that the illegal parking of B cargo scrapers who entered into a mutual aid agreement with the Defendant (hereinafter “Defendant vehicle”) caused the instant accident, and thus, the Defendant is obligated to claim the amount equivalent to 20% of the Defendant vehicle’s fault ratio out of the above insurance proceeds paid by the Plaintiff to the Plaintiff. On the other hand, the Defendant is disputing the purport that the Defendant is not recognized as the fault of the Defendant vehicle in relation to the instant accident. Accordingly, the issue of the instant case is whether the Defendant’s fault can be recognized in relation to the instant accident, and if possible, how to determine the specific fault ratio.

2. Whether the negligence of the defendant vehicle is recognized

A. The background and surrounding circumstances of the instant accident - C cab (hereinafter “Plaintiff”) around 05:45 on February 1, 2013, around the 05:45, and the road in front of the tunnel of the members of the members, etc. of the Jung-gu, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City, was proceeding as the opposite party level from the Do road.

- At the time, the weather was a little of rain, and the front time was the front time.

- Meanwhile, the Defendant’s vehicle was parked in a parking prohibition zone on the side side of the three-lanes of the instant road in the instant accident, with a part of the three-lane, and was parked on the side side, and the trees were planted on the soil rash with a little slope on the side side.

- A road adjacent to the accident site is a straight line along which street lights are installed, and the Plaintiff’s vehicle is proceeding along the three-lanes near the accident site while proceeding along the said one lane, and the Defendant’s vehicle is proceeding.

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