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(영문) 서울중앙지방법원 2018.10.12 2018나6005

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 17:40 on April 30, 2017, while the Plaintiff’s vehicle was proceeding from the first floor parking lot of the Goeong-gu Godong-dong, Goeong-gu, Cheongju-si to the exit exit, there was an accident that conflict between the front part of the Defendant’s vehicle that was bypassed to enter the underground parking lot from the opposite part of the Plaintiff’s vehicle, and the front part of the front part of the driver’s seat and the left side of the Plaintiff’s driver’s seat.

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

On May 18, 2017, the Plaintiff paid insurance proceeds of KRW 361,00 with the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, 9, 11 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred due to the collision with the plaintiff's vehicle which was stopped while the defendant's vehicle was placed in the entrance route of the underground parking lot, and that the accident in this case occurred due to the negligence of the driver of the defendant vehicle.

In regard to this, the defendant's location of the accident in this case is structure that, even if the right-hand side is accurately made from the entrance of the underground parking lot to the bend of 90 degrees, it is inevitable to make a right-hand side beyond the center line. The accident in this case occurred as the plaintiff's driver's negligence reaches at least 30% since the accident in this case occurred at the right-hand side of the defendant's vehicle that the plaintiff's vehicle's right-hand side side by entering the direction of the running side of the defendant's vehicle that is the right-hand side of the vehicle to the right-hand side of the plaintiff's vehicle, and it constitutes excessive repair and thus, it constitutes an excessive repair to exchange the wheelchairs, 317,460 won out of the repair cost paid by the plaintiff.