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(영문) 서울남부지방법원 2018.07.20 2018나50220

구상금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Plaintiff on the BB Doz. (hereinafter “Plaintiff”) owned by A, and the Defendant is the insurer who has entered into the automobile insurance contract with C Truck (hereinafter “Defendant”).

B. Around 06:20 on May 19, 2017, the Plaintiff’s vehicle was parked in the two-lane road in the middle of the two-lanes near the Seogdong-dong Gyeongnam-dong, Jinju-si.

The Defendant’s vehicle, while driving in the same direction as that behind the Plaintiff’s vehicle, was changing the vehicle parked from the two-lane to the one-lane from the damage to the Plaintiff’s vehicle, caused the accident that the Plaintiff’s vehicle was damaged due to the collision between the front part of the Defendant’s vehicle and the front part of the front part of the Plaintiff’s driver’s seat with the front part of the Plaintiff’s seat.

(hereinafter “instant accident”). C.

On May 24, 2017, the Plaintiff paid KRW 310,500 at the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s instant accident is that the Defendant’s vehicle following the instant vehicle, which the Plaintiff’s driver tried to drive the vehicle at the edge of the two-lanes of the two-lanes of the two-lanes, intends to drive between Nonparty 1’s vehicle and the Plaintiff’s vehicle at the edge of the two-lanes of the two-lanes. However, the part of the Plaintiff’s vehicle’s vehicle’s front front part was shocked.

The defendant's driver could easily expect that the plaintiff's vehicle can open a door to get off the vehicle after getting off the vehicle at the edge of the two-lanes, and the driver tried to pass the two-lanes in the non-party vehicle with the non-party vehicle in the first lane, and the plaintiff's vehicle already opened.

The instant accident occurred due to the unilateral negligence of the Defendant vehicle.