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(영문) 서울중앙지방법원 2019.06.19 2019나8770
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. At the time of the instant accident, at the time of the instant accident, the Plaintiff’s vehicle’s vehicle DF on April 10, 2017, at the location of 15:45, 15, 2017 at the time of the instant accident, the Plaintiff’s vehicle in the vicinity of the H store located in G at the time of the instant accident, left left-hand turn to the left-hand turn. The Defendant’s vehicle, which was illegally parked on the crosswalk in the direction of the Plaintiff’s vehicle, did not find a victim who was crossing the road on the left-hand side of the Plaintiff’s vehicle and did not find a victim who was driving the vehicle on the right-hand side of the vehicle on the front side of the Plaintiff’s vehicle, was paid the insurance proceeds paid to the Plaintiff’s vehicle covered by the liability insurance policy and died (hereinafter “instant accident”), and the date of the payment of insurance proceeds of KRW 245,000,000 on May 26, 2017 [Grounds grounds for recognition]

2. Determination

A. According to the evidence established prior to the fault ratio, the following circumstances, namely, (i) the Plaintiff’s vehicle left left at a straight lane where it is impossible for the Plaintiff to turn to the left, and (ii) the Plaintiff’s vehicle was in a state where it is possible for children, including the victim, to confirm in advance the form on the crosswalk, and the Defendant’s vehicle, which was illegally parked, also left the left at the left. As such, the Plaintiff’s driver, who is a driver of the vehicle, is required to safely drive the vehicle at a rapid left speed while driving the vehicle by checking the movement of children, including the victim, and reducing the speed, and (iii) the Defendant’s vehicle stops on the crosswalk where the crossing is prohibited, and makes it difficult for the Plaintiff’s driver to find the victim by leaving the vehicle at the driver’s view of the driver’s view on the crosswalk where the crossing is allowed. The instant accident is the Plaintiff’s primary fault and illegal stopping of the Plaintiff’s vehicle, which violated the safety driving duty without predicting the victim’s sudden action.

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