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(영문) 의정부지방법원 2020.12.15 2019나5681
손해배상(자)
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

The reasons for the judgment of the first instance court shall be cited (the main text of Article 420 of the Civil Procedure Act), and the following contents shall be added thereto.

Although the plaintiff asserted that the direction was changed while changing the lane, it is difficult to confirm the light of the direction direction, etc. in front and rear the left side of the plaintiff's driver's vehicle according to the Eul 3 (dynamic image).

According to the materials submitted by the Plaintiff up to the appellate trial, KRW 19,007,384 of the automobile repair cost can be recognized as damages in proximate causal relation with the instant accident.

However, considering the Plaintiff’s negligence recognized by the first instance court, the impact level and degree caused by the instant accident, the details of repair, and the annual formula, mileage, accident repair power, etc. of the Plaintiff’s driver’s vehicle, it is reasonable to limit the Defendant’s portion out of the repair cost to 20% in consideration of the principle of fair burden of damages.

The plaintiff's claim should be accepted partially, and the judgment of the first instance court with the same conclusion is just, and all the defendant's appeal and the plaintiff's incidental appeal are dismissed.

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