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(영문) 서울남부지방법원 2018.08.17 2017나59954

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

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Plaintiff’s Benz vehicles owned by A (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who has entered into an automobile insurance contract with the Defendant’s franchise (hereinafter “Defendant’s vehicle”).

B. Around 19:00 on June 18, 2016, the Defendant’s vehicle parked on the left side of the Plaintiff’s vehicle after the Plaintiff’s vehicle parked in the E-cafeteria parking lot located in Hanam-si, Hanam-si.

C. The driver of the Plaintiff’s vehicle tried to board the vehicle in the restaurant while discovering the defects that occurred on the left side of the Plaintiff’s vehicle.

Plaintiff

The driver of the vehicle claimed that the driver of the defendant vehicle was free from the driver of the vehicle and the passenger of the defendant vehicle was marked on the right side of the vehicle, and the driver of the defendant vehicle was punished by vision, such as failing to do so, and reported the traffic accident to the police.

After the report, the police officers and the two insurance companies of both vehicles and the Defendant opened the right side of the Defendant’s vehicle in front of the employees working at the site.

The right side of the defendant vehicle is closed, and the back door of the plaintiff vehicle is contacted with the left side of the plaintiff vehicle, but the two parts of the vehicle are not contacted with each other.

E. On June 28, 2016, the Plaintiff paid 559,000 won (the self-paid 200,000 won) as the repair cost for the defective house caused by the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 14, Eul evidence 1 to 5 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant’s assertion that the Plaintiff’s vehicle parked on the left side of the Plaintiff’s vehicle, and then opened the rear door of the right side of the Plaintiff’s vehicle, thereby causing defects.

This accident is caused by the negligence of the driver of the defendant vehicle who neglected to contact with another vehicle in the event of opening a door after parking.