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(영문) 서울중앙지방법원 2019.04.26 2018나76660
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

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

At the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, where the Plaintiff’s vehicle entered the intersection in front of the Fridge, Seo-gu, Daejeon, Seo-gu, Daejeon at the time of May 15:30, 2018, and the situation of the collision with the Plaintiff’s vehicle entering the intersection of the said place. While the Defendant’s vehicle was proceeding on the left side of the direction of the Plaintiff’s vehicle, the part of the Defendant’s vehicle was faced with the lower part of the Plaintiff’s vehicle’s driver’s seat at the right end of the Defendant’s vehicle, and was paid the insurance money to the Plaintiff’s 31,00 won at the repair cost of the Plaintiff’s vehicle, the fact that there is no dispute over the Plaintiff’s self-paid vehicle loss amounting to KRW 200,00 [applicable], the evidence Nos. 1 through 6

2. The parties' assertion

A. Plaintiff 1) The instant accident occurred due to the former negligence of the Defendant’s driver who neglected the Plaintiff’s duty of front-way and concession driving even though the Defendant’s vehicle has a preferential right of driving on the left-hand side, and thus, the Defendant is obliged to pay the Plaintiff the full amount of the repair cost paid by the Plaintiff who acquired the Plaintiff’s right of compensation by subrogation. 2) Even if not so, the negligence of the Defendant’s vehicle ought to be much aggravated than the first instance trial.

B. Defendant 1) The driving road of the Plaintiff’s vehicle is of a size that the vehicle is able to drive across the way, while the vehicle’s driving road is merely a side of one-lane road without a central line, and the passage right of the Plaintiff’s vehicle was at fault on the part of the Defendant’s vehicle with a large channel from a narrow road, and the fault ratio of the Plaintiff’s vehicle is at least 80%, so the Plaintiff’s driver’s negligence should be considered in calculating the amount of damages caused by the instant accident. (ii) The self-payment should be deducted from the amount of damages.

3. Determination

A. We examine the facts found in the above basic facts, and the facts.

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