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(영문) 서울중앙지방법원 2019.11.27 2019나30869
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.

At the time of the accident, at around 08:05 on July 16, 2018, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, and around 08:05 on July 16, 2018, the part of the driver’s seat of the Plaintiff’s vehicle driving on the left side from the right side of the direction of the course while the Defendant’s vehicle was making a right-hand at the location of the collision in the vicinity of Seocho-gu Seoul Seocho-gu, Seoul, to the left side of the direction of the collision, was without any dispute, 50,00 won in the amount of the shock insurance paid to the Defendant’s driver’s 14,350,00 won in front of the driver’s seat, 50,00 won in the amount of

2. In light of all the circumstances, such as the circumstance of the accident, the degree of collision, road situation near the place of the accident, and the fact that the Plaintiff’s vehicle, who was in the direct direction, was under the influence of the vehicle, and the Defendant’s vehicle temporarily stops at all times, and shocks the Plaintiff’s vehicle without considering the surrounding circumstances, it is reasonable to deem that the instant accident was caused by the concurrence between the negligence of the Plaintiff’s driver and the negligence of the Defendant’s driver, and that the negligence ratio is 2:8.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 11,380,00 as indemnity (i.e., total damages of KRW 14,850,000 x 80% - self-payment of KRW 500,000 - Supreme Court Decision 2015Da236431 Decided January 28, 2016) and the following delay damages as follows.

With respect to KRW 3,95,00, which is the amount cited in the judgment of the first instance, 3,955,000, which is the amount cited in the judgment, 5% per annum as stipulated in the Civil Act from September 6, 2018 following the date of the payment of insurance proceeds to May 17, 2019, which is the date of a judgment of the first instance, which is appropriate for the defendant to dispute over the existence or scope of the obligation, and 7,425,00 won, which is the amount additionally cited in the judgment of the first instance, calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment (=1,380,000 won - 3,955,00 won),

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