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(영문) 서울중앙지방법원 2017.12.12 2017나43427

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the B vehicle (hereinafter “Defendant vehicle”) in view of the Plaintiff’s vehicle (hereinafter “Plaintiff’s vehicle”).

B. At around 07:25 on October 15, 2016, the Defendant’s vehicle shocked the back side of the driver’s seat on the side of the Defendant vehicle, which was going to the parking lot due to the aftermath of the parking zone, from the Hancheon-gu, Gyeonggi-do, Gyeonggi-do, to the lower part of the driver’s seat on the back side of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

On October 31, 2016, the Plaintiff paid insurance proceeds of KRW 1,482,210 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 2 and 5, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The following circumstances revealing the occurrence of liability for damages, the ratio of liability, and the purport of the entire argument as seen earlier, namely, the parking lot in which the instant accident occurred is set up on both sides of the passage route. The one-way passage road is set up in each parking zone, and the parking unit parking zone is set up rhym to ensure that the vehicle passes along the passage route and parks in the right angle direction or the right angle direction. At the time of the instant accident, the Defendant’s vehicle at the time of the instant accident conflicts with the Plaintiff’s vehicle that the latter wheels tried to deviate from the above parking unit line, and the Plaintiff’s vehicle was driving along the one-way passage along the parking zone in which the Defendant’s vehicle was parked despite the wide passage of the passage route. Even if the passage of the parking lot in which the instant accident occurred is one-way, the latter driver of the Defendant’s vehicle as well as the latter entry of the vehicle.