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(영문) 서울중앙지방법원 2016.11.11 2016나32093

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 11:15 on May 13, 2015, the Defendant’s vehicle was driven in the reverse direction of the direction indicated on the floor of the parking lot at the D-3 parking lot located in Chuncheon-si, Chuncheon-si, and entered the direction of the Defendant’s vehicle in the opposite direction of the driving of the vehicle and the left part of the Plaintiff’s vehicle discovered and stopped the Defendant’s vehicle’s driver’s seat in front of the driver’s seat, headlight, front fence, etc. of the Defendant vehicle.

C. On July 17, 2015, with respect to the instant accident, the Plaintiff paid KRW 9,437,000 as the repair cost for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 9 and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the party's assertion 1) The plaintiff was driving ahead of the direction indication of the parking lot floor at the time of the accident in this case, and the defendant's vehicle was completely stopped and lighted before the plaintiff's vehicle sees with the defendant's vehicle, but the accident in this case occurred due to the fact that it was entirely attributable to the negligence of the defendant vehicle, and thus the defendant should pay the plaintiff the total amount of the insurance money paid by the plaintiff as indemnity and the delay damages therefor. 2) Accordingly, the defendant asserts that since the point of the accident in this case is within the building parking lot, the entry prohibition mark, surface sign, etc. are not forced, and the defendant's liability should be considerably restricted since the plaintiff's vehicle was negligent in failing to perform his duty of care and making a left-hand turn on the part of the plaintiff.

B. Determination is based on the following circumstances, namely, within the parking lot, comprehensively taking into account the aforementioned evidence and the underlying facts: