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(영문) 서울중앙지방법원 2018.07.03 2018나2751

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. Facts of recognition;

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

B. Around 12:52 on July 23, 2017, the Plaintiff’s vehicle was under direct progress at the long-term intersection of the Incheon Airport, Jung-gu Airport, Incheon.

However, the Defendant’s vehicle entered the said intersection at a very rapid speed from the right side of the Plaintiff’s vehicle, leading to the direction of the road running along the parking lot, and shocked the part of the front wheeler and fences of the Plaintiff’s vehicle with the front wheeler of the driver’s seat.

(hereinafter “instant accident”). C.

On August 22, 2017, the Plaintiff paid insurance proceeds of KRW 3,777,850 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5, images, the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances are: (a) the instant accident site is where the entire purport of the arguments can be seen in light of the following circumstances, i.e., (i) the instant accident site is where the width of the vehicle is narrow and driven along the road in the parking lot and the flow of other vehicles, and (ii) the direction for one-way traffic is indicated on the floor of the instant parking lot due to these circumstances; (iii) the Plaintiff’s vehicle at the time of the instant accident was under way in the direction; (iv) the Defendant’s vehicle was driving ahead of the said direction and the instant order; (v) the Defendant’s vehicle was proceeding at a very rapid speed; and (v) the Defendant’s vehicle was proceeding without reducing the speed even at the intersection, which is the place of the instant accident; and (v) the Defendant’s vehicle did not immediately stop the Plaintiff’s vehicle and proceeded along a considerable distance without immediately stopping.