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(영문) 서울중앙지방법원 2020.08.20 2020나5661

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiffs”). The Defendant is the driver of the E-vehicle owned by C (hereinafter “Defendant”).

B. On March 20, 2019, around 15:21, the Defendant driven the Defendant’s vehicle and tried to park in front of the Plaintiff’s vehicle that is parked on the road near the building in Seopopopopo City. The Defendant shocked the part on the left side of the Plaintiff’s vehicle into the right side of the Defendant’s vehicle.

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

On April 23, 2019, the Plaintiff paid KRW 4,249,400 of the repair cost of the Plaintiff’s vehicle due to the instant accident, except for the insured’s self-charges.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, video, the purport of the whole pleadings

2. Determination

A. In light of the above facts and the circumstances such as the background of the accident, the degree of the conflict, and the degree of shock revealed by the evidence mentioned above, the accident of this case is caused by the whole negligence of the defendant's vehicle on the part of the plaintiff's vehicle on the front of the plaintiff's vehicle, because the defendant rhythly passed in the front of the plaintiff's vehicle to park the defendant vehicle in front of the plaintiff's vehicle. The accident of this case was caused by the shock of the part of the defendant's vehicle in front of the left front of the plaintiff's vehicle due to the failure to drive the vehicle, and the vehicle of this case was parked in the parking prohibited area, it cannot be said that the plaintiff's driver

B. In light of the aforementioned evidence, the Plaintiff received a written estimate for repair costs of KRW 4,937,247 from a vehicle repair business entity that repaired the Plaintiff’s vehicle destroyed by the instant accident, and subsequently paid KRW 4,49,400 to the Plaintiff after deducting KRW 200,00 of his/her own share as repair costs. In light of the type, damage, etc. of the Plaintiff’s vehicle, the Plaintiff paid the remainder of KRW 4,249,400 as the insurance proceeds.