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(영문) 서울중앙지방법원 2016.12.15 2016나45716

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On December 22, 2015, at around 08:47, when the Plaintiff’s vehicle was coming from the parking section of the underground parking lot of the Gamdong, Dongjak-gu Seoul Metropolitan Government, the part of the left side of the Defendant’s vehicle running from the right side of the Plaintiff’s vehicle to the left side was shocked by the front part of the Plaintiff’s vehicle.

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

On January 4, 2016, the Plaintiff paid KRW 377,000 as repair expenses.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 to 3, or the purport of whole pleadings

2. The following circumstances acknowledged by the above facts of recognition and the evidence at the time, i.e., the place where the Plaintiff’s vehicle parked is a single parking zone surrounded by both walls, and where the front left and left left by the parking zone, and if the above parking zone is absent, it is necessary to operate the steering gear in the direction that the vehicle wants after deducting a considerable part of the body from the front. As such, it is necessary to carefully examine whether there is a vehicle approaching the right side of the Plaintiff’s vehicle, and whether there is a vehicle approaching the right side of the vehicle. Although the Defendant’s vehicle driving along the parking zone along the parking zone, it appears that such a method would be inevitable to a certain extent in light of the structure and width of the passage of the above underground parking lot, and the parking zone of the Plaintiff’s vehicle is located from the corner to the top of the front, and the front of the Defendant’s vehicle passes through the front of the front, and it is necessary to keep the Plaintiff’s vehicle from leaving the front or rear the front of the vehicle.