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(영문) 서울중앙지방법원 2019.09.25 2019나13017
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the insured vehicle D E, the insured vehicle of the Plaintiff, at the time of the accident, is proceeding three-lanes in the situation of the collision in the vicinity of the 1349 Ansan Tri-gu, Mangyang-gu, Mangyang-gu, Magyang-gu, Magyang-gu, 1349.

In the case of the plaintiff's change of course to the four-lane, the front penter part of the plaintiff's vehicle and the six-lane.

The main part of the defendant vehicle's driver's seat prior to the change of course to four lanes shall be 2,464,700 won in the amount of the insurance proceeds of the collision and 500,000 won in the amount of his own share to be paid by the insured person's driver's seat of his own vehicle / 2,464,700 / The ground for recognition / 1 through 4, 7 through

2. In light of all the circumstances, such as the background of the accident that can be recognized by the above evidence, the parts of the collision, the location of each vehicle at the time of the collision, the safety zone in the six-lane road, and the fact that the Defendant vehicle has changed the course to the four-lane immediately, etc., the accident in this case is determined that the negligence of the Plaintiff vehicle driver and the negligence of the Defendant vehicle driver were concurrent, and it is reasonable to view the rate of negligence as 3

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 1,575,290 (i.e., total damages KRW 2,964,700 x 70% - self-payment KRW 500,000 - Supreme Court Decision 2015Da236431 Decided January 28, 2016) and the following delay damages.

With respect to KRW 1,232,350, which is the amount cited in the judgment of the court of first instance, 5% per annum as stipulated in the Civil Act from July 7, 2018 following the date of the payment of insurance money to January 15, 2019, which is appropriate for the defendant to dispute over the existence or scope of the obligation, and 342,940 won, which is the amount additionally cited in the judgment of the court of first instance calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment (=1,575,290 won - 1,232,350 won), with respect to the existence or scope of the obligation of the defendant from July 7, 2018, which is the date of payment of insurance money.

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