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(영문) 서울중앙지방법원 2015.09.18 2015나5209

구상금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On July 25, 2013, at around 11:00, an accident occurred between the Plaintiff’s vehicle at the entrance near the entrance of the Yaeadong, Boan-dong Underground Parking Lot and the Defendant’s vehicle at the entrance, which had been entering, was shocked.

(hereinafter referred to as the “instant accident”). C.

After paying insurance money of KRW 798,100 for the repair cost of the Defendant’s vehicle, the Defendant filed a request for deliberation with the committee for deliberation on the disputes over reimbursement (hereinafter referred to as the “council”). The Council decided that the ratio of negligence between the Plaintiff’s vehicle and the Defendant’s vehicle was 90:10.

On July 21, 2014, the Plaintiff paid 718,290 won (=798,100 won x 0.9) equivalent to 90% of the repair cost paid by the Defendant to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, and 7, the purport of the whole pleadings

2. The plaintiff asserted that the accident of this case occurred because the plaintiff's vehicle entered the parking lot lamps section and stopped the defendant's vehicle from the front side immediately before the departure on the ground, but the driver of the defendant's vehicle was faced with the plaintiff's vehicle, which was faced with the central line and stopped while entering the center without proper operation of the front line. Since the driver's negligence of the defendant's vehicle is at least 70%, it is merely 239,430 won (=78,100 won x 0.3) based on the ratio of 30% of the amount to be responsible for the repair cost of the defendant's vehicle (=78,860 won (=718,290 won - 239,430 won). Since the plaintiff paid 718,290 won above the defendant's insurance amount to be borne by the plaintiff according to the ratio of insurance amount and negligence paid by the plaintiff, the defendant has the obligation to return the vehicle's left side of the center.