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(영문) 서울중앙지방법원 2019.09.19 2018나80904

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. With respect to the basic facts, the Plaintiff is the insurer who has concluded each automobile insurance contract with respect to D vehicles (hereinafter referred to as the “Defendant”).

Around 07:40 on April 26, 2018, in order to avoid a collision with the defendant's vehicle emitted from the left-hand parking zone in the direction of the proceeding, a concrete pole caused an accident of shocking the front part of the plaintiff's steering force on the concrete pole (see attached Table 1 accident case).

The Plaintiff paid KRW 1,079,650 at the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings

2. In full view of the following circumstances acknowledged by each of the instant evidence, it is reasonable to deem that the instant accident was caused by the unilateral negligence of the Plaintiff’s vehicle.

(A) The Defendant also raises a question as to whether the cost of repairing the Plaintiff’s vehicle was incurred due to the instant accident (see, e.g., Attached Table 2). As the structure of the instant accident site, such as attached Table 2, both the Plaintiff’s and the Defendant’s vehicle are considerably limited, it is difficult to grasp the move of the other

(A) 4, B 3) In such a situation, even if the Defendant vehicle runs slowly and runs along, it is assumed that there is a risk of accidents such as this case.

The plaintiff vehicle should have been operated in a astronomical manner with due care in the passage of other vehicles.

However, in the light of the fact that the Plaintiff’s vehicle is seriously damaged (A 5), it is doubtful that the Plaintiff’s vehicle is not a strong collision with the concrete pole due to excessive interference (it is not discovered that the Plaintiff’s vehicle is dissatisfing on the floor, and even in such a case, there is an excessive possibility.).