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(영문) 서울중앙지방법원 2017.05.31 2016나77577
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

2...

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 20:00 on March 19, 2016, while the Plaintiff’s vehicle is proceeding along the intersection in the Jung-gu Incheon Airport Underground Parking Lot, Jung-gu, Incheon, Jung-gu, Incheon, and the Defendant’s vehicle entering the said intersection was a traffic accident that meets the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On April 7, 2016, the Plaintiff paid KRW 9,990,000 of the insurance money as the repair cost for Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. In full view of the above facts of recognition as above, the accident of this case is deemed to have been caused by the principal negligence of the Defendant’s driver, who did not sufficiently examine the traffic conditions of the lane to enter when entering the intersection in the underground parking lot, and on the other hand, the Plaintiff’s driver was at an excessively rapid speed while driving the underground parking lot with frequent vehicles at the time and did not avoid collision even after checking the movement of the Defendant’s vehicle. In addition, the accident of this case contributed to the occurrence of the accident and the expansion of damages.

Therefore, in light of the circumstances of the above accident, the negligence of the driver of the plaintiff vehicle shall be 20%, and the negligence of the driver of the defendant vehicle shall be 80%.

Therefore, the Defendant is an insurer on the Defendant’s vehicle, and is liable for damages for the part corresponding to the fault ratio of the Defendant’s driver out of the amount of damages suffered by the Plaintiff’s driver.

On April 7, 2016, the Plaintiff paid KRW 9,990,00 to the Plaintiff’s insurance money in the name of the repair cost of the Plaintiff’s vehicle due to the instant accident, as seen earlier. Therefore, the Defendant is the Plaintiff.

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