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(영문) 서울중앙지방법원 2018.10.16 2018나29015
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The circumstances surrounding the instant accident are as follows.

At the time of the accident, the insured vehicle A, at the time of the insured vehicle A, of August 30, 2017, and around 14:20 on August 30, 2017 at the time of the accident, intended to walk a narrow alleyway where the vehicles in the 16-road collision situation are parked on the street at the time of Sungnam-si, Sungnam-si, the Sinnam-si, and the insured vehicle (hereinafter referred to as the “Plaintiff vehicle”) attempted to pass the vehicle by the Defendant insured vehicle (hereinafter referred to as the “Defendant vehicle”) at the moment of the instant accident, would pass the vehicle by the Defendant insured vehicle (hereinafter referred to as the “Defendant vehicle”) at the

B. On September 12, 2017, the Plaintiff paid KRW 375,500 insurance money to the Plaintiff’s vehicle damages.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 3, and the purport of whole pleading

2. In light of the circumstances revealed in the above facts of the accident revealed in the evidence as seen earlier, it is reasonable to view the negligence ratio of the plaintiff's vehicle and the driver of the defendant's vehicle to 2080 in light of all the circumstances, such as the plaintiff's vehicle and the driver's fault in that the accident in this case occurred, and the plaintiff's vehicle trying to enter a narrow runway while trying to enter a road. Meanwhile, even though it could have been confirmed by the plaintiff's vehicle, the defendant's vehicle was stopped in advance, without waiting to pass first, and entered a narrow runway at a rapid speed. As a result, in the situation where the plaintiff's vehicle and the defendant's vehicle are passing through a narrow runway, the plaintiff's vehicle are standing behind the vehicle, but it did not provide sufficient width, and in addition, it is reasonable to view the negligence ratio of the plaintiff's vehicle and the driver of the defendant's vehicle as 2080 in light of all the circumstances such as the degree of collision and shock.

Therefore, the defendant, out of the insurance money paid by the plaintiff to the plaintiff, 300,400 won for indemnity according to the defendant's ratio of liability (=375,500 won x 80%) and insurance money for this.

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