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(영문) 서울남부지방법원 2018.11.23 2018나56877

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. The Plaintiff is an insurer who has concluded a motor vehicle insurance contract with respect to the A-to-pubed vehicle A (hereinafter “Plaintiff-to-pubed vehicle”), and the Defendant is an insurer who has concluded each motor vehicle insurance contract with respect to B I30 motor vehicles (hereinafter “Defendant-to-

B. On April 14, 2017, around 13:15, in the 3rd floor parking lot located in the Sinsan-dong, Sinsan-si, and the Plaintiff’s vehicle is proceeding to the right side of the Defendant vehicle in order to report the Defendant vehicle that was parked on the front side and pass through the right side space to damage the Defendant vehicle. While the Defendant vehicle was parked on the parking space on the left side of the moving direction before passing through the Plaintiff vehicle, there was an accident of collision between the front side of the right side of the Defendant vehicle and the left side of the Plaintiff vehicle.

(hereinafter “instant accident”). C.

On April 27, 2017, the Plaintiff paid KRW 332,000,00, after deducting KRW 200,000 of the self-paid money from the insurance money (repair cost for the Plaintiff’s vehicle) arising from the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, Gap evidence Nos. 2, 3 and 5, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) In the event the Plaintiff’s vehicle is moving back, the Defendant’s vehicle must live well in the flow of the surrounding vehicle, and the direction of the instant accident was unreasonable even though the Plaintiff’s vehicle had already stopped. As such, the instant accident occurred by one’s negligence.

Therefore, the defendant is obligated to pay 32,000 won and damages for delay paid by the plaintiff as insurance money to the plaintiff in accordance with the legal principles of subrogation of the insurer.

(2) Since the Defendant’s vehicle had attempted to park by turning an emergency, etc. prior to the Plaintiff’s access to the vehicle, the instant accident is attributable to the Plaintiff’s driver who was aware that the previous Defendant’s vehicle is in parking.