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(영문) 서울중앙지방법원 2019.12.11 2019나49450
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

At the time of the accident, at around 21:30 on November 25, 2018 at the time of the accident, the part front of the defendant vehicle that changed the vehicle from the fourth to five lanes at the location of the road at the entrance of the Bupyeong-gu Incheon Incheon Incheon Incheon Metropolitan City Park at the time of the accident to the five-lane, and the payment of insurance proceeds (=1,481,800 won for repair of the plaintiff vehicle - Self-paid 1,581,800 won - Self-paid 100,000 won on December 21, 2018, when the insurance accident occurred, against the rear side of the plaintiff vehicle that took place at the five-lane:

2. In light of the following circumstances, the instant accident was caused by the common negligence of the driver of the original Defendant’s vehicle, and the negligence ratio is reasonable to regard the Plaintiff’s vehicle as 30% and 70% of the Defendant’s vehicle.

① Since the Defendant’s vehicle received the Plaintiff’s previous vehicle from the fourth to the fifth lane, the main fault in the instant accident ought to be deemed to exist in the Defendant’s driver.

② However, even the Plaintiff’s driver, even with knowledge that the Defendant’s vehicle attempted to change the lane into the five-lane, was at a somewhat high speed to overtake the Defendant vehicle, and the previous vehicle stopped, and accordingly, the Defendant’s vehicle seems to scam the Plaintiff’s vehicle. As such, the Plaintiff’s driver should be deemed to have been negligent by up to 30% in relation to the instant accident.

3. Conclusion: (i) the Defendant’s reimbursement amount of KRW 1,007,260 (=1,107,260 won in total + KRW 1,581,80 in total x 70% in fault ratio of the Defendant’s vehicle) - The Defendant’s reimbursement of KRW 100,000 in the Plaintiff’s reimbursement amount of KRW 690,90 in the first instance judgment from December 22, 2018 to July 18, 2019, the date following the payment date of insurance money, shall be 5% per annum under the Civil Act and under the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from the following day to the date of full payment.

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