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(영문) 서울중앙지방법원 2018.05.31 2018나2096

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. On April 22, 2017, around 18:50, a claim for reimbursement with respect to traffic accidents occurred within the third floor parking lot of Earart underground located in the Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu. 2. The instant accident appears to have occurred when the Plaintiff’s vehicle parked in the parking lot, which was opened to load the Defendant’s vehicle parked on the left-hand side while departing from the parking lot, and the accident occurred (Evidence B(3). As alleged by the Plaintiff, even though the Plaintiff’s vehicle was parked, the Defendant vehicle was facing the Plaintiff’s vehicle by opening the Gap’s chief door.

In light of the following: (a) there is no evidence to support the fact that the head door of the vehicle was being loaded and unloaded to the extent that it moves out of the parking line; (b) rather, in light of the video and the accident circumstance of the attached Form (No. 1) in the instant case, the damaged parts and degree of the vehicle, etc., there is considerable room to deem that there is a conflict between the head door of the Defendant vehicle, which was opened while the vehicle of the Plaintiff started from the place of the vehicle and opened to the right line, and opened to the right line.

In light of the circumstances, it is reasonable to view that the instant accident occurred by the unilateral negligence of the Plaintiff’s driver who did not properly look at the front seat while departing from a parking vehicle.

3. The plaintiff's appeal is without merit.