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(영문) 서울중앙지방법원 2020.06.12 2019나55257

구상금

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. On April 28, 2019, at the time of the accident at the time of recognition, the insured vehicle C (hereinafter “Plaintiff”) of the insured vehicle D (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”) temporarily shut down the entrance of the parking lot (hereinafter “instant apartment”) of Gangdong-gu Seoul Metropolitan Government E apartment (hereinafter “instant accident site”) around April 11:15, 2019 at the time of the accident at the time of the accident, the Defendant vehicle was in the vicinity of the entrance entering the instant apartment parking lot from among the side streetss where there is no difference between the vehicle and the vehicle, and the vehicle was waiting to enter the instant apartment parking lot at the same time, and the vehicle waiting to enter the instant apartment parking lot at the same time is overtaking the Defendant vehicle toward the left side of the Defendant vehicle and attempted to enter the instant apartment parking lot bypassing the vehicle, and the vehicle’s late back part of the Plaintiff vehicle with the repair charge of KRW 2,468,900 and KRW 5010 as its final accident insurance money paid to the Plaintiff vehicle at its repair expense.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 4 (including additional numbers) or video, the purport of whole pleadings

2. Existence and scope of liability for indemnity; and

A. According to the above fact of recognition of the existence of the liability for indemnity, the accident of this case occurred by negligence of the driver who left the back side and left side of the back side without distinguishing the vehicle, and thus, the defendant, who is the insurer of the defendant vehicle, is liable to compensate for the damage incurred by the debt return, which is the owner of the plaintiff vehicle, due to the accident of this case. Since the plaintiff, as the insurer of the plaintiff vehicle, was exempted from its payment obligation by subrogation of the damage caused by the above payment obligation as the insurer of the vehicle, the defendant, the insurer of the defendant vehicle.