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(영문) 서울중앙지방법원 2021.01.22 2020나58771
구상금
Text

1. Of the judgment of the first instance court, the part against the defendant in excess of the amount ordered to pay under the following two shall be revoked.

Reasons

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

At the time of the accident, the plaintiff's insured vehicle C (hereinafter referred to as "the plaintiff's vehicle") D (hereinafter referred to as "the defendant's vehicle") (including the time when the driver is named) on February 15, 2019, including the time when the plaintiff's vehicle stops on the side after the ice Track and the first collision (hereinafter referred to as "the first collision") of the plaintiff's insured vehicle C (hereinafter referred to as "the driver's vehicle"), and the accident occurred on February 15, 2019 (hereinafter referred to as "the accident site" in this case), including the time when the driver's name is called, and the plaintiff's vehicle stops on the side while driving the three-lane road, the plaintiff's vehicle's vehicle's vehicle is parked on the side, including the insurance premium of the plaintiff's vehicle from 1 to 205 days, the payment amount of the insurance premium of the plaintiff's vehicle to 1 to 305 days in total, 200, 501 won or more.

2. Determination

A. The summary of the parties' arguments (1) (1) the Plaintiff’s vehicle driving along the three-lanes of the instant accident site among the three-lanes of the instant accident site, and turned down to the right side on the iceway at the time, and stopped on the side side where the prior accident that shocks the ice, and the Defendant’s vehicle driving along the three-lanes at the front side of the Plaintiff vehicle neglected to perform the duty of the front road, and the Defendant’s vehicle did not discover the Plaintiff’s vehicle in the above condition in advance and then immediately turns off, and the instant accident that shocks the Plaintiff vehicle occurred, and the instant accident is ultimately attributable to the negligence of the Defendant vehicle.

② On the other hand, the preceding accident is limited to KRW 57,720 of the repair cost of the Plaintiff’s vehicle, as the degree of minor contact of the Plaintiff’s vehicle with the repair cost, and the remainder.

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