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(영문) 서울중앙지방법원 2019.12.11 2019나42695

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, while running the motor vehicle mutual aid business, is the insurer who has concluded the comprehensive motor vehicle insurance contract for the motor vehicle for D (hereinafter “Plaintiffs”) with C, and the Defendant is the insurer who has concluded the motor vehicle insurance contract for the motor vehicle for E (hereinafter “Defendant”).

B. At around 13:00 on March 17, 2018, the Defendant vehicle, while protruding about 2/3 of the body of the vehicle in front of the parking zone line in order to park in the F apartment G-dong parking lot in the Asia-si, Asan City, with the front front door of the Plaintiff vehicle and the front part of the Defendant vehicle, conflict with the front part of the front part of the vehicle in front of the Defendant vehicle.

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

On December 28, 2018, the Plaintiff paid 2,134,900 won, which is the remainder after deducting 300,000 won of the self-paid share to be borne by the insured under the instant mutual aid agreement, as a mutual aid fund for the repair cost of Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff asserts that at the time of the accident in this case, the plaintiff's vehicle was driving along the road in the apartment, and the defendant's vehicle was driving along the road in the apartment. The accident in this case occurred by the whole negligence of the defendant vehicle, which neglected the front bank and the left-hand side city, and the plaintiff paid the amount equivalent to the repair cost of the plaintiff's vehicle and acquired the insured's right to compensation for damages by subrogation as the insurer. Thus, the defendant is obligated to pay 2,134,900 won and damages for delay to the plaintiff.

(2) At the time of the instant accident, the Defendant: (a) the Defendant’s vehicle is parked in the parking zone for the disabled; and (b) the Plaintiff’s vehicle is parked in the front line.