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(영문) 서울중앙지방법원 2020.12.08 2020나42042
구상금
Text

Of the judgment of the first instance, the part against the defendant ordering payment in excess of the following amount shall be revoked.

Reasons

1. Cases of claiming indemnity relating to traffic accidents;

A. On November 5, 2019, 16:17, 2019, the insured vehicle of the Plaintiff related to the vehicle (hereinafter “Plaintiff vehicle”) (hereinafter “Plaintiff vehicle”), including the circumstances of the accident, is facing the Defendant vehicle, on the side of the west-gu, Incheon, Nam-gu, Incheon, and the west-gu, the road of this case was proceeding on the side of the Defendant vehicle in the direction of the F Middle School.

The defendant's vehicle was driven along with an unclaimed vehicle at the underground level below the 2nd intersection, and went beyond the upper center, and went beyond the upper center, and the front side of the plaintiff's vehicle was shocked on the left side of the defendant's vehicle.

Details of the payment of insurance money of KRW 7,031,00 (Deduction of KRW 200,000 for self-paid) on November 29, 2019

B. The instant accident was caused by the principal negligence of the Defendant’s vehicle that took place beyond the virtual median line.

However, in full view of the following circumstances: (a) the Plaintiff’s vehicle is a road where the median line is not installed; and (b) the point at which the accident occurred appears not to be good for both sides of the point at which the underground lane ends; and (c) the Plaintiff’s negligence appears to have been negligent in driving to avoid the accident; and (d) such negligence of the Plaintiff’s vehicle contributed to the occurrence of the instant accident and the expansion of damages.

In light of all the circumstances such as the background of the above accident, the shock of the vehicle, etc., it is reasonable to view the ratio of the negligence between the plaintiff vehicle and the defendant vehicle as 20:80.

[Ground of recognition] Unsatisfy, Gap 1-5 evidence, purport of whole pleadings

C. According to the Defendant’s duty of reimbursement, the Defendant prescribed that the Civil Act provides for the Plaintiff with 5,584,800 won = (7,031,000 x 0.8-200,000) x 5% per annum under the Civil Act from November 30, 2019 to December 8, 2020, the date following the payment of insurance proceeds, which is the day when the Defendant’s appeal is rendered, to the day when the payment of insurance proceeds is made.

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