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(영문) 서울중앙지방법원 2018.12.06 2018나36556
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 10,382,271 as well as to the plaintiff on March 2018.

Reasons

1. On December 29, 2017, a claim for reimbursement related to a traffic accident that occurred on the main road in front of the main road in front of the Gu Hodong (see attached Form No. 1) during the Ansan-si period. 2. The accident in this case is the second accident in which the plaintiff's vehicle (A vehicle and attached Form No. 1) was stopped after the cause of the first accident that occurred on the rear side of the vehicle before the plaintiff's vehicle (YF A vehicle and attached Form No. 2), while the vehicle in this case was stopped after the cause of the first accident, the vehicle in this case (attached Form No. 1 vehicle B and attached Form No. 2) conflict with the rear side of the plaintiff's vehicle and the vehicle in front of the main road in front of the Gu Hodong-dong at the same time and place.

According to this, the accident of this case is deemed to have been caused by the principal negligence of the defendant vehicle that collisioned the rear side of the plaintiff vehicle that was parked in the first accident because it neglected the duty of front-time care without securing the safety distance properly.

(Nos. 5 and 6) In addition, due to the second accident, the Plaintiff’s vehicle re-confidents one vehicle and the first vehicle shocks two vehicles in front, and the shock caused by the second accident is more likely to exceed the shock caused by the first accident.

However, in light of the fact that the instant accident occurred at night, the safety distance as well as the Plaintiff’s vehicle is not secured, and that the first accident caused the first accident by neglecting the duty of safety distance, and then stopping without any particular safety measures, giving rise to the occurrence of the second accident, and that the Plaintiff’s vehicle and the first vehicle are deemed to have already been destroyed due to the first accident, it is reasonable to view that the responsibility ratio of the Plaintiff’s vehicle and the Defendant’s vehicle is 20:80.

3. Amount recognized as indemnity amount: 12,977,839 won of the insurance money paid by the Plaintiff (i.e., repair cost of the Plaintiff’s vehicle 8,576,202 won 4,401,637 won of the repair cost of the Plaintiff’s vehicle 4,401,637 won) ¡¿ 80% of the insurance amount paid by the Plaintiff, and abandoned forest below KRW 80.

4. The defendant's appeal has some grounds.

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