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(영문) 서울중앙지방법원 2018.12.11 2018나52411

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 April 6, 2018, at around 08:30, the Plaintiff’s vehicle was driving from the luminous hall to the 2nd intersection of the road (hereinafter “instant road”). The Defendant’s vehicle parked in the street parking zone installed at the right edge of the road based on the Plaintiff’s vehicle entered the instant road along the parking zone, and the Defendant’s vehicle was shocked the front side of the Plaintiff’s vehicle to the front direction of the front direction of the Defendant’s vehicle.

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

On May 4, 2018, the Plaintiff paid KRW 420,000 as insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. The following circumstances revealing the overall purport of arguments in the evidence revealed prior to the occurrence of liability for damages, namely, ① the driver of a vehicle or horse enters a road in the building, parking lot, etc. on the street, etc., even if the driver of the vehicle or horse gets out of the road after the stop, while checking whether the vehicle is safe after the stop (Article 18(3) of the Road Traffic Act). The driver of the vehicle or vehicle, while entering the road in the on-road parking zone of this case, is driving the vehicle without examining the front and right-hands, and led to shock of the plaintiff vehicle. ② However, the driver of the vehicle or vehicle, as the vehicle or vehicle was parked in the on-road parking zone installed at the right-hand side of the road, could have known that there were vehicles entering the road along the parking zone from time to time, and in particular, there were lots of RV vehicles with large weight of body on the right-hand side of the plaintiff vehicle.