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(영문) 서울중앙지방법원 2019.06.25 2018가단5268210

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff concluded an automobile insurance contract with D vehicle (hereinafter “Plaintiff”), and the Defendant concluded an automobile insurance contract with the E vehicle (hereinafter “Defendant”).

B. On June 17, 2018, the driver F of the Plaintiff’s vehicle: (a) transferred the Plaintiff’s vehicle parked in the parking lot located in Bupyeong-si G Apartment Hdong to the right side of the Plaintiff’s vehicle to the right side; (b) the driver of the Plaintiff’s vehicle assigned the Plaintiff’s vehicle to the front side of the Plaintiff’s vehicle; and (c) the Plaintiff died due to the Plaintiff’s vehicle with the front rear wheels of the right side.

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

On September 20, 2018, the Plaintiff paid KRW 220,500,000 insurance money to the beneficiary of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, each entry or video of evidence 7, the purport of whole pleadings

2. The accident of this case occurred when the plaintiff's vehicle is parked twice in front of the plaintiff's vehicle as a parking lot in an apartment complex, and the accident of this case occurred in the course of operating hand to the right side in order to drive the defendant vehicle in front of the plaintiff's vehicle. The defendant vehicle also has the cause of the accident of this case, and the negligence of the defendant vehicle is 40%.

Therefore, the defendant should pay 88,200,000 won out of the insurance money paid by the plaintiff to the plaintiff as compensation.

3. According to the judgment fee, Gap evidence No. 4 video, the defendant vehicle was only parked on the left side of the plaintiff vehicle, and did not have a position to the extent that it might interfere with the plaintiff vehicle's withdrawal, and even if it was difficult for the plaintiff vehicle to walk due to the defendant vehicle, it was difficult for the plaintiff vehicle to walk.

Even if the Plaintiff’s driver did not attempt to move the Defendant’s vehicle, and the evidence submitted by the Plaintiff alone does not deem that the Defendant’s vehicle was negligent in relation to the instant accident.