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(영문) 서울중앙지방법원 2019.10.15 2019나15525 (1)
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

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

On June 5, 2018, at the time of the accident, the insured vehicle D E of the Plaintiff insured vehicle at the time of the accident, and around 08:41 on June 5, 2018, the Defendant vehicle was on the ground from the underground parking lot at the location of the instant accident (hereinafter “instant underground parking lot”) and the fronter on the left side of the Plaintiff vehicle and the left side of the Defendant vehicle, who entered the instant underground parking lot on the ground. The payment of the insurance money 2,931,790 won (self-motor vehicle damage) self-charged KRW 500,000,00.

B. The judgment of the first instance court judged the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 50:50, and calculated the Plaintiff’s amount of reimbursement as KRW 1,465,895.

[Reasons for Recognition] Facts without dispute, entry and video of Evidence A3, 4, 9, and 2

2. The assertion and judgment

A. 1) The Plaintiff’s instant accident occurred as it was caused by the Defendant’s failure to reduce the speed, even if the Defendant’s vehicle was discovered while she frighted to the center line at the instant underground parking lot, and the Defendant’s fault occurred entirely. The instant accident occurred entirely by the Defendant’s fault. The Defendant’s fault in the judgment of the first instance court is reasonable, and the Plaintiff’s amount of indemnity is reasonable by multiplying the total amount of damages of the Plaintiff’s vehicle KRW 2,981,790 multiplied by 50% of the fault ratio of the Defendant’s vehicle, and then deducted KRW 500,985,985, after deducting the Plaintiff’s self-paid share from the Defendant’s share of KRW 500,00.

B. The following circumstances acknowledged by the images of evidence A1, 3, and 4, namely, ① the Plaintiff’s vehicle at the time of the instant accident appears to have invaded the center line on the left side of the Plaintiff’s vehicle in the course of meeting to enter the instant underground parking lot at the time of the instant accident, but the instant accident therefrom.

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