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(영문) 서울중앙지방법원 2015.11.20 2015나31741

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the vehicle A (hereinafter the plaintiff vehicle), and the defendant is an insurer who has concluded each automobile insurance contract with respect to the vehicle B (hereinafter the defendant vehicle).

B. On February 23, 2014, around 22:20, at the time of entry into the parking lot in Yangyang-si, Namyang-si, a collision occurred between the plaintiff who was withdrawn from the parking lot and the defendant who was entering the parking lot (hereinafter referred to as the “accident”).

C. On April 28, 2014, the Plaintiff paid insurance proceeds of KRW 12,830,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 8, the purport of the whole pleadings

2. The Plaintiff asserted that the instant accident was caused by the total negligence of the Defendant’s driver, since the Plaintiff’s vehicle was stopped by reporting the Defendant’s vehicle entering the right edge and the Defendant’s vehicle was shocked beyond the virtual central line.

On the other hand, the defendant asserts that the accident of this case occurred due to the total negligence of the driver of the plaintiff's vehicle, since the plaintiff's vehicle was exposed to the defendant's vehicle entering the road beyond the upper central line of the road.

3. The following circumstances acknowledged by adding up the overall purport of pleadings to the statements or images in Gap's 2 through 6, 9, 10 (including paper numbers), and Eul's 1: < Amended by Presidential Decree No. 13582, Sep. 14, 2015; Presidential Decree No. 22201, Feb. 14, 2015; Presidential Decree No. 22021, Feb. 14, 2015>