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(영문) 서울중앙지방법원 2015.10.29 2015나5919

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to a vehicle B (hereinafter “Defendant”).

B. On July 17, 2014, the Defendant’s vehicle was driving the road inside the parking lot of the building C with the reverse direction toward the floor in the direction of moving down the road on the floor. On the front part of the vehicle, the part of the front part received the back part on the right part of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

On August 21, 2014, the Plaintiff paid KRW 550,000 as insurance money for the repair cost of the Plaintiff’s vehicle.

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

2. The Plaintiff asserted that the instant accident occurred due to the Defendant’s primary negligence, and thus, the Defendant is responsible for 90% on the part of the Defendant. The Defendant asserted that the Plaintiff’s negligence on the part of the Plaintiff’s driver was larger.

3. In general, it is common to believe that other vehicles are in progress in accordance with the direction indicated on the surface of the road. This does not change because the location of the accident in this case is a road inside the parking lot, not a road subject to the Road Traffic Act, and the entry of the evidence No. 2 is difficult to deem that the vehicle in this case was going behind by the Plaintiff’s side, and considering the degree of collision of both vehicles, the instant accident in this case occurred in the proportion of 9:1 by the Plaintiff’s negligence on the part of the Defendant’s driver, who did not sufficiently examine the main fault of the vehicle in the direction of the proceeding while neglecting his duty to present the right and the right and the right of the proceeding of the vehicle in this case.

As such, the defendant is 495,000 won (=550,000 won x 0.9) for the plaintiff, and 5% per annum prescribed by the Civil Act from August 22, 2014 to September 25, 2014, the delivery date of the complaint, which is the day following the plaintiff's payment of insurance money.

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