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(영문) 서울중앙지방법원 2018.04.19 2017나80426

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

On June 1, 2014, at around 22:20, the Defendant’s vehicle, which was parked on the right side of the road in the direction of the progress, was shocked by the front part of the Defendant’s vehicle in front of the driving seat of the Plaintiff’s vehicle, which was parked on the right side of the direction of the direction while driving a road near D in Chuncheon City, C (hereinafter “instant road”).

(hereinafter “instant accident”). At the time of the instant accident, the Plaintiff was on board the driver E and the passenger F on the Plaintiff’s vehicle. However, due to the instant accident, E and F were diagnosed on June 2, 2014 that the instant accident requires two-day medical treatment on the base and tension of the cryp, and was hospitalized for eight days.

On June 9, 2014, the Plaintiff paid KRW 950,000 for each of the terms of agreement with E and F, KRW 780,170 for E’s medical expenses on July 23, 2014, and KRW 795,810 for F’s medical expenses on July 22, 2014.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 8, 10-2, 3, 5, 13 through 17, Eul evidence Nos. 10, 13 through 17, 3, 4, 4, 6 through 10, 5 of evidence Nos. 3, 10-4, 10-10, 2 of evidence Nos. 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s driver, and due to the said accident, E and F sustained injury. Therefore, the Defendant, who is the insurer of the Defendant’s vehicle, is obliged to pay the Plaintiff the total amount of the insurance money paid by the Plaintiff and the amount equivalent to the damages for delay.

B. The Defendant’s assertion 1) At the time of the instant accident, the Plaintiff’s vehicle was under illegal stopping, and thus, the Defendant’s liability should be limited in consideration of the negligence of the Plaintiff’s driver. 2)