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(영문) 서울중앙지방법원 2018.08.31 2018나4948

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

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

B. On March 29, 2017, around 13:54, the Defendant vehicle, at the construction site near the New World Flusium, located on the 699 west coast, was shocked on the back part of the Defendant vehicle with even the front door of the Plaintiff’s vehicle, who was a U-turn pursuant to the direction of the construction site guidance personnel, in accordance with the direction of the construction site guidance personnel.

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

On April 20, 2017, the Plaintiff paid insurance proceeds of KRW 641,750 at the cost of repairing the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 3, 6, Gap evidence 8-2, 3, 6 through 8, 10-10, Gap evidence 4, 5, 7, and evidence 8-4, the purport of the whole pleadings and arguments

2. According to the above facts of recognition, it is reasonable to view that the accident of this case was caused by the negligence of the driver of the defendant vehicle who neglected his duty of care to safely check the direction of progress while driving the defendant vehicle.

However, even as the Plaintiff’s driver, the instant accident occurred when the safety personnel at the construction site removed a part of the pents temporarily in order to assist the Plaintiff’s U.S. vehicle in the construction site where the traffic of the general vehicle was restricted.

Inasmuch as the Defendant’s vehicle was working in a situation, even if the safety personnel instructed, the Defendant’s vehicle was obligated to closely examine the movement of the vehicle, and thus, attempted the U.S. vehicle’s movement in the future. In so doing, the error was attributable to the occurrence and expansion of the instant accident.