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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. At the time of the instant accident, at around 20:30 on July 15, 2018, the part on the left side of the Defendant’s vehicle, which was in the situation of the instant accident, where the Plaintiff’s vehicle CD on July 15, 2018 at the time of the instant accident, left side of the Plaintiff’s vehicle, and the part on the left side of the Plaintiff’s vehicle, are covered by KRW 125,000 (i.e., the repair cost of the Plaintiff’s vehicle - KRW 325,000 on the cost of repairing the Plaintiff’s vehicle - KRW 20,000 on the cost of the instant accident on October 18, 2018; the fact that there is no dispute about the instant accident (based on recognition); the entries or images of evidence Nos. 1
2. In light of the following circumstances, the instant accident was caused by the common negligence of the driver of the original Defendant’s vehicle, and the negligence ratio is reasonable to regard the Plaintiff’s vehicle as 20% and 80% of the Defendant’s vehicle.
① While the Plaintiff’s vehicle stops at the right edge of the direction, the Defendant’s vehicle runs along the Plaintiff’s vehicle. As such, the main fault in the instant accident ought to be deemed to exist in the Defendant’s driver.
② However, inasmuch as the accident place was a narrow house, and the front side of the Defendant’s vehicle’s driving direction did not make any more easy to walk, it is reasonable to view that the Plaintiff’s driver was negligent in the accident of this case on the part of the Plaintiff’s driver, considering the fact that, inasmuch as the Defendant’s vehicle, who had repeated traffic and stop without completely passing the Plaintiff’s vehicle, would have been able to prevent the accident if the Plaintiff’s vehicle was travelling in the future, even though it would have been difficult to stop, and that ratio would exceed 20% of the entire vehicle.
3. Conclusion: (a) the Defendant’s indemnity amount of KRW 60,000 (=260,000 (=total amount of damages of KRW 325,00 x 80%) and the Defendant’s fault amount of KRW 200,000) against the Plaintiff; and (b) the Defendant’s objection against the scope of the Defendant’s performance obligation from October 19, 2018, following the date of payment of insurance money.