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(영문) 서울중앙지방법원 2019.06.14 2018나84289

구상금

Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On March 30, 2018, around 18:30, the Plaintiff: (a) driven the two-lane of the two-lane of the national highway near Jincheon-gun, Jincheon-gun; (b) the two-lane of the two-lane of the national highway in the vicinity of Jincheon-do, Chungcheongnam-do; (c) the vehicle stopped on the right side of the vehicle by reducing the speed of noise from the vehicle due to the relation where the noise emitted from Jincheon-do, Jincheon-do; and (d) the vehicle stopped on the right side of the vehicle (the latter part of the driver’s seat of the vehicle extends over two-lane); and (e) the Defendant vehicle driven along the two-lanes of the above two-lane of the road, the accident attributable to the rear part of the driver’s seat of the Plaintiff vehicle (hereinafter “the instant accident”).

C. The instant accident occurred in KRW 1,686,400 for the repair cost of the Plaintiff’s vehicle. On April 17, 2018, the Plaintiff paid the insurance proceeds of KRW 1,349,400 (=1,686,400 - 337,000) obtained by deducting KRW 337,00 for the Plaintiff’s driver’s self-charges.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3 and images, the result of commission of document delivery to the Cheongju District Prosecutors' Office of this Court, the purport of the whole pleadings

2. Determination

(a) The driver of any motor vehicle who stops or intends to park on a road or on-road parking lot shall stop the motor vehicle at the right edge of the roadway or observe the methods, time, prohibition, etc. of stopping or parking prescribed by Presidential Decree (Article 34 of the Road Traffic Act), such as stopping the motor vehicle at the right edge of the roadway (Article 34 of the Road Traffic Act). In this case, the driver of the motor vehicle in this case has been negligent in stopping on the side of the roadway without notifying the driver of the fact of stopping on the rear side by making emergency, etc.

However, in full view of the above facts and the images of the evidence No. 3, the defendant.