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(영문) 서울중앙지방법원 2015.05.15 2014나38745

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

Judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A and B (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with C (hereinafter “Defendant”).

B. Around June 29, 2013: (a) around 17:27, 2013, D driven the Plaintiff’s vehicle at the parking lot within the Songpa-gu Seoul Songpa-gu General Sports Complex; (b) there was an accident that conflicts with the Defendant’s vehicle (hereinafter “instant accident”); and (c) on October 7, 2013, the Plaintiff paid insurance proceeds of KRW 2,043,640 at the repair cost of the Plaintiff’s vehicle in accordance with the insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (including additional number), the purport of the whole pleadings

2. The Plaintiff, who is the insurer that paid the insurance money as above, acquired the insured’s right to claim damages against the driver of the Defendant’s vehicle due to the instant accident to the extent of the amount paid.

(Article 682 of the Commercial Act). Furthermore, according to the purport of the statement and the whole pleading of health stand, Gap 1, 2, 6, 7, Eul 1, and Eul 4 (including paper numbers) with respect to the scope of damages to be compensated by the driver of the defendant vehicle, the place where the accident in this case occurred is a passage that the vehicle parked on the parking lot is parked in order to enter the road. The vehicle of the plaintiff is a passage through which the vehicle parked on the parking lot is parked in order to enter the road. The vehicle of the plaintiff is not circumvented in the direction of the exit leading to the opening of the container, but rather left left without the direction of the exit leading to the opening of the container, and it conflicts with the vehicle of the defendant ordinarily proceeding to go through the exit from other parking spaces. Even if the plaintiff's assertion that the passage of the vehicle is permitted, if so, the vehicle can prevent the collision with the vehicle coming from other parking spaces by using the right side of the vehicle.

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