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(영문) 서울남부지방법원 2018.10.04 2017나66068
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 Plaintiff is the owner of the Plaintiff’s salary class III vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who has concluded each comprehensive automobile insurance contract with the owner of the Plaintiff’s low-priced vehicle (hereinafter “Defendant’s vehicle”).

B. On June 7, 2016, around 17:55, in the vicinity of the Simpo Station No. 7, Simpo-si, Simpo-si, Simpo-si, the Plaintiff’s vehicle shocked C with a bicycle (hereinafter “instant accident”), and at the time, the Defendant’s vehicle was parked on the right side of the Plaintiff’s vehicle.

C. From July 27, 2016 to December 1, 2016, the Plaintiff paid KRW 18,77,480 in total as insurance money, etc. for the medical expenses, etc. of C from July 27, 2016.

[Ground of recognition] Each entry of Gap 1, 2, 4, 6, 8 (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion that the plaintiff could not properly see the bicycle on board C due to the defendant's vehicle that was illegally parked at the time of the accident, and that the defendant's negligence ratio contributed to the occurrence of the accident of this case by the driver of this case reaches 30%, the defendant asserts that the accident of this case occurred due to the driver's negligence in front of the plaintiff's driver's vehicle, and the place where the defendant's vehicle was parked is parked is not a place where stopping or parking is prohibited, so no error exists.

3. In light of the following circumstances, it is reasonable to view that the Defendant’s driver’s negligence contributed to the occurrence of the instant accident constituted 10% in light of the following circumstances, which can be seen by comprehensively taking into account the descriptions of evidence Nos. 1, 8-7, and 2 as well as the overall purport of the pleadings.

Therefore, according to the plaintiff's claim, the defendant's 1,877,748 won (18,77,480 won x 0.1) and the defendant's claim against the plaintiff as to the existence and scope of the duty of performance from December 2, 2016 to October 4, 2018, which is the date of the final decision of the court of first instance, shall be 5% per annum under the Civil Act and the following day to the date of full payment.

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