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(영문) 서울중앙지방법원 2016.09.23 2016나32864

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. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A-small truck (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to B-sized vehicle (hereinafter “Defendant”).

B. At around 15:15 on May 11, 2015, the driver of the Defendant vehicle, who driven the Defendant vehicle and driven the Defendant vehicle along the road in front of the Cheongcheon-si, Cheongcheon-si, the part on the back of the driver’s seat of the Plaintiff vehicle, which was on the inside and outside of the road, was shocked by the front rearer part of the Defendant vehicle.

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

On December 15, 2015, the Plaintiff paid KRW 200,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 through 3, Eul evidence 5-1 and Eul evidence 5-2, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The Plaintiff asserted by the parties, the instant accident is moving back by the Defendant rolling stock driver who neglected his duty to keep on the front-time.

The defendant asserts that the accident was caused by the total negligence of the plaintiff's vehicle due to the shocking of the plaintiff's vehicle which was parked, and the defendant asserts that the accident was caused by the total negligence of the driver of the plaintiff's vehicle who did not look at the future while entering the road after the launch.

B. In light of the following circumstances: (a) the point where the instant accident occurred in the course of moving back the Plaintiff’s vehicle at the time of the instant accident; (b) the point where the instant accident occurred appears to have not been difficult for the Defendant’s driver to grasp the condition of the Plaintiff’s vehicle; and (c) the details of the instant accident, and the degree and degree of the collision of the Plaintiff’s vehicle, the instant accident is to enter the road following the accident.