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(영문) 서울남부지방법원 2019.12.05 2019나1553

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the owner of D vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the owner of E vehicle (hereinafter “Defendant vehicle”).

B. On April 19, 2018, around 12:15, 2018, at the Jeju Jeju Jeju Jeju Jeju Jeju Gyeongpo District, the defendant vehicle was parked in the intersection, one-lane, and at the same time, the plaintiff vehicle stopped in a hole other than the right-hand road, and at the same time, there was an accident where the left-hand side of the plaintiff vehicle and the right-hand side of the defendant vehicle are shocked (hereinafter “instant accident”).

C. On June 2018, the Plaintiff paid KRW 941,290 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The accident of this case was occurred due to the defendant's negligence on the part of the driver of the defendant's vehicle due to the accident that occurred while making a right-hand prior to the right-handion, although the defendant's vehicle was found to have been parked on the right-hand side of the defendant's vehicle by properly examining the left-hand side and left-hand side. However, the accident of this case occurred by the defendant's driver's negligence on the part of the defendant's vehicle. Since it is reasonable to 100%, the defendant is obliged to pay 941,290 won, which is the repair cost paid by the plaintiff to the plaintiff. 2) The accident of this case was occurred when the plaintiff's vehicle stopped on the right-hand side of the defendant's vehicle, not on the road, and it was caused by the defendant's vehicle while making a right-hand transfer along with the defendant's vehicle. Thus, from the part of the defendant's vehicle, the accident of this case

B. In light of the background leading up to the occurrence of the instant accident, which can be known by the evidence as seen earlier, the instant accident was stopped on the road at a place, other than on the road.