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(영문) 서울중앙지방법원 2020.05.22 2019나70744
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid under paragraph 2 below shall be revoked.

2...

Reasons

1. On March 22, 2019, when the insured vehicle C (hereinafter referred to as “Plaintiff”) D (hereinafter referred to as “Defendant”), including the time when the driver is named at the time of the occurrence of the basic fact-finding accident, conflicts with the Defendant’s vehicle that had been proceeding to get the Plaintiff’s vehicle up to the lower floor on the upper floor in the corner of the underground parking lot of the building E (hereinafter “instant accident site”) at the lower floor at the location of the underground parking lot at the lower end of around 19:04 on March 22, 2019. The following reasons are as follows: (a) the part of the Plaintiff’s left corner and the number plate of the Defendant’s vehicle, which was partially damaged, are 5,041,600 won for the repair of the Plaintiff’s vehicle; and (b) the payment of the insurance money to the Plaintiff’s self-paid vehicle of KRW 500,000,00 for self-paid damages, which was finally paid on April 19, 2019.

[Grounds for Recognition] Facts without dispute, Gap evidence Nos. 1-6 (including paper numbers), Gap evidence No. 8, Eul evidence Nos. 2-5 and the purport of the whole pleadings

2. Determination

A. The gist of the parties’ assertion argues that the instant accident is attributable to the negligence of 100% of the Defendant’s vehicle, while the Plaintiff’s vehicle was proceeding with the valley section in order to go to the upper floor from the underground parking lot, the Defendant vehicle invadeds the central line from the opposite direction of the Plaintiff’s vehicle on the upper floor, thereby causing a collision.

On the other hand, the defendant asserts that the accident of this case occurred in the middle line between the two parties, and that it was difficult to confirm the plaintiff's vehicle because it did not secure the view because the direction was set up on the right side from the starting point of the lower section of the underground parking lot. On the other hand, the plaintiff's vehicle securing the view that the plaintiff's vehicle with the view of view to the view of the view of the view that the negligence of the plaintiff's vehicle should be sufficiently

(b) judgment (1) the ratio of responsibility.

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