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(영문) 서울중앙지방법원 2019.10.23 2019나39224
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 around 20:0 on March 29, 2019, at the time of the instant accident, the Plaintiff’s vehicle CD temporarily for the Defendant of the Plaintiff’s insurance relationship and entered the two-lanes of the traffic collision situation in front of the parking lot in Yongsan-gu Seoul, Yongsan-gu Seoul, Seodong Seoul, Seoul, which entered the parking lot, while entering the two-lanes, the Defendant’s front door and even the part of the Defendant’s vehicle, which was driven at the two-lanes at the time of the instant accident, faced with the accident that the front part of the Plaintiff’s vehicle faced with the accident at the time of the accident. The fact that there is no dispute as to April 3, 2019 on the date of the payment of the insurance proceeds for compensation insurance, which is a security for 1,500,000 won, (based on recognition), the evidence Nos. 1 through 7, and the purport of the entire statement or pleading as set forth in

2. In light of the following circumstances, in full view of the purport of the entire pleadings, the instant accident occurred by the driver of the original Defendant’s vehicle, and it is reasonable to regard the error ratio as 90% of the Plaintiff’s vehicle and 10% of the Defendant’s vehicle.

(1) The driver of a vehicle entering a road in a parking lot other than a road has a duty of care to safely enter the road by checking the front section and the left and right of the vehicle.

However, in light of the fact that the driver of the Plaintiff’s vehicle did not discover the Defendant vehicle while entering the two-lanes of the instant road in the said parking lot without sufficiently examining the right and the right and the right and the right of the vehicle, while entering the said two-lanes of the instant road, the main fault in the instant accident ought to be deemed as the Plaintiff’s driver, in light of the fact that the Plaintiff’s driver did not discover the Defendant vehicle and shocked and caused the instant accident.

(2) However, the road of this case is a place where vehicles entering the parking lot for a light rail line in Seoul Station are frequent, and the driver of the defendant vehicle is the driver of the plaintiff vehicle and the two-lanes from the above parking lot of the plaintiff vehicle.

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