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(영문) 서울중앙지방법원 2018.12.14 2018나40555

부당이득금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. On January 17, 2018, the driver of the Defendant vehicle, who suffered a traffic accident, driven the Defendant vehicle, which is a freight truck, and moved back on the alleyway that is not divided into two lanes in Seongdong-gu Seoul (hereinafter “instant road”), and shocked the front door of the Plaintiff vehicle, the driver was parked at the edge of the instant road, and opened a door for getting off the vehicle after parking.

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

The Plaintiff paid KRW 610,040,040 in total, including the cost of repairing the Plaintiff’s vehicle, by February 7, 2018, with the insurance proceeds from the instant accident.

[Reasons for Recognition] Facts without dispute; Gap evidence 1 to 6; Gap evidence 10; Eul evidence 1 to 3; Eul's testimony and video; the purport of whole pleadings

2. In full view of the evidence revealed earlier, the accident of this case is acknowledged that the negligence in progress without closely examining the surrounding attitudes, such as whether the driver of the defendant vehicle, while driving on the road of this case, a narrow alleyway along which the vehicle was parked at the edge of the road, and the negligence that the driver of the plaintiff vehicle did not pay due attention to the passage of other vehicles while opening a door for getting off the vehicle.

Furthermore, in full view of the circumstances revealed in the pleadings, such as health stand, the occurrence of the instant accident, and whether the Plaintiff’s driver first opened a door for getting out of the vehicle, or whether the Defendant’s vehicle first started to resume, as to the specific ratio of liability, the Plaintiff’s vehicle and the Defendant in the instant accident.